M/S. Maxworth Reality vs H. Narayana Swamy
2023 Latest Caselaw 7285 Kant

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                                                    NC: 2023:KHC:37523
                                                 CRL.A No. 451 of 2014




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 13TH DAY OF OCTOBER, 2023

                                      BEFORE
                        THE HON'BLE MR JUSTICE S RACHAIAH
                       CRIMINAL APPEAL NO. 451 OF 2014 (A)
              BETWEEN:
              M/S. MAXWORTH REALITY
              INDIA LTD.,
              A LIMITED COMPANY
              HAVING ITS OFICE AT
              NO.22/1, RAILWAY PARALLEL ROAD,
              NEAR SHIVANANDA CIRCLE,
              NEHARU NAGAR,
              BANGALORE - 560 020,
              REPTD. BY ITS AUTHORIZED SIGNATORY
              SRINIVAS REDDY.N.
              PRESENTLY RPTD. BY ITS
              CHAIRMAN AND MANAGING DIRECTOR
              K. KESAVA.
                                                          ...APPELLANT
              (BY SRI. TULSI K.R., ADVOCATE)
Digitally     AND:
signed by N
UMA           H. NARAYANA SWAMY,
Location:
HIGH          S/O. LATE HANUMANTHAPPA,
COURT OF
KARNATAKA     R/AT NO.19, 100 FEET ROAD,
              MOHAN KUMAR NAGAR,
              YESHWANTHPURA,
              BANGALORE - 560 022.
                                                        ...RESPONDENT
              (BY SRI. BALASUBRAMANYA B.N., ADVOCATE)
                   THIS CRIMINAL APPEAL IS FILED UNDER SECTION
              378(4) OF CRIMINAL PROCEDURE CODE PRAYING TO SET
              ASIDE THE ORDER DATED:27.3.14 PASSED BY THE XV
              ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE
              IN     C.C.NO.9999/2011    -     ACQUITTING     THE
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                                                   NC: 2023:KHC:37523
                                              CRL.A No. 451 of 2014




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

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

1. Case is called out. Learned counsel for the

respondent is present. However, the learned counsel for

the appellant remained absent.

2. On 05.09.2023, none appeared when the case was

called out. On 25.09.2023, the learned counsel for the

respondent appeared. However, the counsel for the

appellant remained absent.

3. This Court observed that the counsel for the

appellant remained absent on last occasion also. The

matter was adjourned to 13.10.2023, as a last chance. In

spite of the said Order having been passed, the learned

counsel for the appellant remained absent today.

Therefore, it is appropriate to dismiss the appeal for non

NC: 2023:KHC:37523 CRL.A No. 451 of 2014

prosecution. Accordingly, the Criminal Appeal is dismissed.

Ordered accordingly.

Sd/-

JUDGE

SNC

CT:SNN