Sri Appaji vs Sri Nazareth Babu
2024 Latest Caselaw 9696 Kant

Karnataka High Court

Sri Appaji vs Sri Nazareth Babu on 3 April, 2024

                                            -1-
                                                   CRL.A No. 1050 of 2014
                                                       NC: 2024:KHC:13696




                 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.1050 OF 2014
                 BETWEEN:

                     SRI APPAJI
                     S/O LATE NINGAIAH
                     AGED ABOUT 55 YEARS,
                     R/O NO.905, 5TH MAIN
                     VIJAYANAGARA
                     BENGALURU - 560 040.
                                                             ...APPELLANT
                 (BY SRI. APPAJI, ADVOCATE - ABSENT)

                 AND:

                     SRI NAZARETH BABU
                     AGED ABOUT 53 YEARS,
                     AUTHORIZED SIGNATORY OF
                     NAZARATH SERVICES
                     R/O NO.177/59, M.K.GARDEN, MYSORE ROAD,
Digitally            R.V COLLEGE OF ENGINEERING COURSE,
signed by
REKHA R              BENGALURU - 560 059.
Location: High                                            ...RESPONDENT
Court of         (BY SRI. P JAGANNATHAN, ADVOCATE)
Karnataka
                      THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
                 PRAYING TO a) SET ASIDE THE JUDGMENT AND ORDER OF
                 ACQUITTAL PASSED BY THE LEARNED XV ADDITIONAL CHIEF
                 METROPOLITAN MAGISTRATE, BENGALURU CITY, UNDER
                 SECTION 255(1) OF CR.P.C. FOR THE OFFENCE PUNISHABLE
                 UNDER SECTION 138 OF N.I.ACT, BY THE JUDGMENT AND
                 ORDER DATED 10.10.2014 IN C.C.NO.30764/2009; b) KINDLY
                 ALLOW THE APPEAL, AND CONVICT THE ACCUSED FOR THE
                 OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT, AS
                 PER THE PROVISION OF THE SAID ACT, AND GRANT THE
                                -2-
                                          CRL.A No. 1050 of 2014
                                              NC: 2024:KHC:13696




RELIEF, TO THE APPLICANT, TO SECURE THE ENDS OF JUSTICE
AND EQUITY.

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

                          JUDGMENT

Learned counsel for the appellant/complainant is

permitted to retire from this appeal.

The Court notice was sent to appellant, however, it is

returned with an endorsement "he has vacated the said

address"

In the light of above facts and circumstance, the

appeal is dismissed for non prosecution.

In view of dismissal of appeal, all pending

application/s, if any is/are also disposed of, since no

further orders is required.

Sd/-

JUDGE

ASN