Syed Areef S/O Syed Peer vs Sri. R Sripal
2023 Latest Caselaw 2004 Kant

                                                 -1-
                                                         CRL.A No. 1361 of 2012




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 24TH DAY OF MARCH, 2023

                                              BEFORE
                              THE HON'BLE MR JUSTICE P.N.DESAI
                              CRIMINAL APPEAL NO. 1361 OF 2012
                   BETWEEN:

                   SRI. SYED AREEF,
                   S/O. SYED PEER,
                   AGED ABOUT 26 YEARS,
                   R/O NO.204, EWS,
                   KHB COLONY,
                   UDAGIRI,
                   MYSORE.
                                                                     ...APPELLANT
                   (BY SRI. L. RAJA, ADVOCATE-absent)

                   AND:

                   SRI. R. SRIPAL,
                   S/O. LATE RAMASWAMY,
                   AGED ABOUT 38 YEARS,
                   R/O D.NO.705, 4TH CROSS,
                   PAPARAM STREET, NAZARBAD,
                   MYSORE.
Digitally signed                                                   ...RESPONDENT
by NAGARATHNA
M
Location: HIGH     (BY SRI. H.R. MANJUNATHA, ADVOCATE-absent)
COURT OF
KARNATAKA
                         THIS CRIMINAL APPEAL IS FILED U/S. 378(4) CR.P.C PRAYING
                   TO SET-ASIDE THE JUDGMENT DATED 03.04.2012 PASSED BY THE
                   III ADDL. S.J., MYSORE IN CRL.A.NO.128/2011 AND CONFIRM THE
                   ORDER DATED 17.09.2011 PASSED BY THE I ADDL. I C.J. (JR. DN.)
                   & JMFC, MYSORE IN C.C.NO.2375/2009 - CONVICTING THE
                   RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.

                       THIS APPEAL, COMING ON FOR HEARING, THIS DAY THE
                   COURT DELIVERED THE FOLLOWING:
                                    -2-
                                             CRL.A No. 1361 of 2012




                             JUDGMENT

There is no representation for the appellant and the

respondent. The order sheet shows that learned counsel for

the appellant, on the previous occasion, has stated that the

appellant is not in his contact and he will ascertain and submit.

Thereafter, on the next date, learned counsel for the appellant

also did not appear and the Court has passed an order that, if

there is no representation on the next date of hearing, the

appeal will be dismissed. Today also, there is no

representation on both sides. It appears that the parties are

not interested in prosecuting the appeal.

2. As the matter is of more than ten years old, no useful

purpose would be served by keeping the appeal pending, which

arises out of a private complaint. Both the parties are also

private parties. Therefore, in view of the order dated

10.03.2023, the appeal is dismissed for non-prosecution.

Office to send back TCR and SCR to the concerned Court.

Sd/-

JUDGE

MV