Gnaneshwari vs M/S Whyflex
2023 Latest Caselaw 1880 Kant

                                             -1-
                                                    CRL.A No. 1530 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 15TH DAY OF MARCH, 2023

                                           BEFORE
                          THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                            CRIMINAL APPEAL NO. 1530 OF 2018 (A)
                   BETWEEN:

                   1.    GNANESHWARI
                         W/O. NAGABHUSHAN REDDY,
                         PROPRIETRIX OF
                         RAYARPE AUTOMATION TECHNOLOGIES,
                         NO. 99/1B, BINDU NILAYA,
                         RAMA RAO LAYOUT,
                         BSK 3RD STAGE,
                         KATTRIGUPPA MAIN ROAD,
                         BENGLAURU-560 085.
                                                               ...APPELLANT

                   (BY SRI. G NATARAJ, ADVOCATE)

                   AND:

                   1.    M/S WHYFLEX
Digitally signed         OFFICE AT NO. A-2,
by LAKSHMI T
                         GROUND FLOOR, BRINDAVAN APARTMENT,
Location: High           NEAR FOURM MALL,
Court of
Karnataka                OPP: TATA DOCOMO,
                         NEXT TO STAR BAZAR KORAMANGALA,
                         BENGLAURU-560 095,
                         REP BY ITS PROPRIETOR,
                         MR. MAHESH
                                                              ...RESPONDENT

                   (BY SRI.C.R.MAHENDRAGOWDA, ADVOCATE)

                        THIS CRL.A. IS FILED U/S 378(4) CR.P.C PRAYING TO
                   SET ASIDE THE JUDGMENT DATED 04.04.2018 PASSED BY THE
                   XIV   A.C.M.M.,    BANGALORE    IN   C.C.NO.58098/2017
                                -2-
                                       CRL.A No. 1530 of 2018




ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 ON N.I ACT.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

This appeal was filed in the year 2018. The order

sheet would reveal that there was no representation for

the appellant when the matter was listed on 10.11.2022,

30.11.2022 and 01.03.2023.

2. This appeal is preferred against the judgment

and order of acquittal passed by the trial Court, acquitting

the respondent/accused of an offence punishable under

Section 138 of N.I. Act. When the matter was listed on

01.03.2023, it is specifically observed by this Court that if

on the next date of hearing there is no representation for

the appellant, the appeal will be dismissed. The said order

is extracted hereunder:

"Learned counsel for the appellant is absent.

Learned counsel for the respondent is present.

CRL.A No. 1530 of 2018

On 30.11.2022 also there was no representation for the appellant and on that day, learned counsel for the respondent had submitted that he was not furnished with the copy of the appeal memo and other documents. It was also ordered that if there is no representation for the appellant on the next date of hearing, necessary orders would be passed for dismissal of the appeal.

Today also, there is no representation for the appellant.

List this matter on 15.03.2023.

If on the next date of hearing there is no representation for the appellant and the order is not complied, the appeal will be dismissed."

3. Even today there is no representation for the

appellant. It appears that the appellant is not interested in

prosecuting this appeal.

Appeal is dismissed for non-prosecution.

SD/-

JUDGE

HB