Mr.Shaik Zaheer vs Mr.Sanaulla
2024 Latest Caselaw 9695 Kant

Karnataka High Court

Mr.Shaik Zaheer vs Mr.Sanaulla on 3 April, 2024

                                             -1-
                                                       NC: 2024:KHC:13780
                                                    CRL.A No. 688 of 2013




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 3RD DAY OF APRIL, 2024

                                           BEFORE
                             THE HON'BLE MS JUSTICE J.M.KHAZI
                             CRIMINAL APPEAL NO.688 OF 2013
                 BETWEEN:

                 1.    MR. SHAIK ZAHEER,
                       S/O. LATE H.M. PYARUSAB,
                       AGED ABOUT 41 YEARS.

                 2.    MR. SHAIK AFEEZA,
                       S/O. LATE H.M. PYARUSAB,
                       AGED ABOUT 39 YEARS,
                       BOTH ARE RESIDENTS OF
                       PAKEER SAB STREET,
                       AMMAVERIPET,
                       KOLAR CITY - 563 101.
                                                               ...APPELLANTS
                 (BY SRI. SHAIK ZAHEER AND
                     SRI. SHAIK AFEEZA, APPELLANTS - ABSENT)
                 AND:
Digitally
signed by        MR. SANAULLA,
REKHA R          S/O. HAGIGAR USMONSAB,
Location: High   AGED MAJOR,
Court of
Karnataka        RESIDING AT,
                 2ND CROSS, GHOUSE CLINIC,
                 CHINTAMANI TOWN,
                 CHINTAMANI,
                 CHIKKABALLAPUR DISTRICT.
                                                           ...RESPONDENT
                 (BY SRI. B RAVINDRA, ADVOCATE)

                      THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
                 PRAYING TO SET ASIDE THE JUDGMENT DATED 21.01.2013
                 PASSED BY THE PRL. S.J., KOLAR IN CRL.A.NO.21/2012 -
                 ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
                              -2-
                                          NC: 2024:KHC:13780
                                       CRL.A No. 688 of 2013




PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND CONFIRM
THE ORDER DATED 12.06.2012 PASSED BY II ADDL. C.J. AND
J.M.F.C., KOLAR IN C.C.NO.533/2007 DATED 13.06.2012 BY
ALLOWING THIS APPEAL. b) GRANT SUCH OTHER RELIEF/S
THAT THIS HON'BLE COURT DEEMS FIT UNDER THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE
AND EQUITY.

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

                        JUDGMENT

Learned counsel for the appellants and respondent

are present.

2. The Court notice issued to the appellants is duly

served. However, they have not appeared.

3. In the light of the same, Sri. S. Visweswaraiah,

learned counsel for appellants is permitted to retire.

4. It appears that appellants are not interested in

prosecuting the appeal.

5. Hence, appeal is dismissed for non prosecution.

Sd/-

JUDGE

CR