Sri D M Venkataramanappa vs Sri Doraiswamy
2023 Latest Caselaw 8734 Kant

Karnataka High Court

Sri D M Venkataramanappa vs Sri Doraiswamy on 28 November, 2023

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                                                      NC: 2023:KHC:43046
                                                  CRL.A No. 1035 of 2013




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                         BEFORE
                      THE HON'BLE MR JUSTICE G BASAVARAJA
                       CRIMINAL APPEAL NO. 1035 OF 2013
               BETWEEN:

               SRI D.M. VENKATARAMANAPPA
               S/O LATE MUNISWAMAPPA
               AGED ABOUT 67 YEARS
               R/AT NO 72 'A' SECTOR
               AMRUTHANAGARA
               SAHAKARANAGARA POST
               BANGALORE - 560 092.
                                                             ...APPELLANT
               (BY SRI. S MRUTHYUNJAYA, ADVOCATE)(ABSENT)

               AND:

               SRI DORAISWAMY
Digitally      FATHER'S NAME
signed by
SANDHYA S      R/AT NO 27, 4TH A CROSS
Location:      AMRUTHANAGARA
High Court
of Karnataka   SAHAKARANAGARA POST
               BANGALORE - 560 092.
                                                           ...RESPONDENT
               (BY SRI. VENKATARAM. & G.V.RAVI, ADVOCATES)

                    THIS CRL.A. IS FILED U/S. 378(4) OF CR.P.C PRAYING TO
               a) GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND
               ORDER OF ACQUITTAL DATED:05.07.2013 PASSED BY 12TH
               ADDL. A.C.M.M. BANGALORE CITY IN C.C.NO.22930/2009
               ACQUITTING THE ACCUSED-RESPONDENT FOR THE OFFENCES
               PUNISHABLE UNDER SECTION 138 OF THE N.I. ACT; b) SET
               ASIDE THE AFORESAID JUDGMENT AND ORDER OF ACQUITTAL
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                                               NC: 2023:KHC:43046
                                          CRL.A No. 1035 of 2013




DATED:05.07.2013 PASSED BY THE XII ADDL.C.M.M.,
BANGALORE CITY IN C.C. NO.22930/2009 ACQUITTING THE
ACCUSED-RESPONDENT FOR THE OFFENCES PUNISHABLE
UNDER SECTION 138 OF THE N.I. ACT AND ETC.

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

Appellant's counsel absent. Respondent's counsel

present.

2. Notice duly served to the appellant. Despite the

same, he remained absent and he has not complied with

the order of this Court dated 01.09.2023.

3. Vide order dated 15.09.2023 this Court has

passed the order as under;

Learned counsel for the appellant is absent.

Sri. Venkataram, learned counsel for the respondent is present.

It is stated that the cost imposed by this Court vide order dated 01.09.2023 has not been deposited by the appellant. However, to meet the ends of justice, one more opportunity is given as a last chance, failing which, the further orders will be passed.

List this matter after two weeks".

NC: 2023:KHC:43046

4. Perusal of the orders as noted above would

indicate that appellant has not interested in prosecuting

the case. Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

RU