Sri. K. Ekambara Reddy vs Sri. A. Nandish Kumar
2024 Latest Caselaw 3554 Kant

Karnataka High Court

Sri. K. Ekambara Reddy vs Sri. A. Nandish Kumar on 6 February, 2024

                                              -1-
                                                     CRL.A No. 1586 of 2019
                                                          NC: 2024:KHC:5047




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 6TH DAY OF FEBRUARY, 2024

                                           BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.1586 OF 2019
                   BETWEEN:

                        SRI. K. EKAMBARA REDDY
                        AGED ABOUT 74 YEARS,
                        S/O.LATE K.V.REDDY,
                        R/AT NO.38, SAI KRUPA,
                        HANUMAN LAYOUT, RAMACHANDRAPURA,
                        JALAHALLI POST, BENGALURU - 560 013.
                                                               ...APPELLANT
                   (BY SRI. POOVAIAH M A, ADVOCATE - ABSENT)

                   AND:

                   1.   SRI. A. NANDISH KUMAR
                        S/O APPAJI,
                        AGED ABOUT 39 YEARS,
                        R/AT: NO.448, IDEAL HOMES,
                        17TH CROSS, RAJARAJESHWARINAGAR,
                        BENGALURU - 560 091.
Digitally signed        ALSO HAVING ADDRES AT: NO.538, BRS NILAYA
by REKHA R
Location: High
                        6TH MAIN, SREEGANDHAKAVAL D-GROUP LAYOUT,
Court of                BENGALURU - 560 091.
Karnataka
                   2.   SRI J JANARDHAN
                        S/O LATE JAVARAIAH,
                        AGED ABOUT 39 YEARS
                        R/AT: NO.117, ANNAPURNESHWARINAGAR,
                        6TH MAN, 8TH CROSS, BENGALURU - 560 091.
                        ALSO HAVING ADDRESS AT:
                        NO.842, 6TH MAIN, 3RD CROSS,
                        KAMALANAGARA,
                        BENGALURU - 560 079.
                                                             ...RESPONDENTS
                             -2-
                                    CRL.A No. 1586 of 2019
                                          NC: 2024:KHC:5047




     THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
PRAYING TO a) SET ASIDE THE JUDGMENT AND ACQUITTAL
DATED 22.07.2019 PASSED IN C.C.NO.6316/2016 BY THE C/C
XII ADDITIONAL CHIEF METROPOLITAN         MAGISTRATE, AT
BENGALURU AND CONVICT THE ACCUSED IN ACCORDANCE
WITH LAW AND; b) PASS SUCH OTHER ORDERS AS THIS
HON'BLE    COURT    DEEMS    FIT   IN   THE   FACTS      AND
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

No representation for appellant.

No representation for appellant even in the afternoon

session.

This is the matter of the year 2019. The Registry has

raised objection to the effect that I.A.No.1/2021 filed

seeking Special leave is not accompanied by affidavit.

Vide order dated 22.01.2024, one week time was

granted to comply with the office objections, failing which

necessary orders would be passed for dismissal of appeal.

NC: 2024:KHC:5047

Despite granting sufficient time, office objection is not

complied with.

It appears appellant is not interested in prosecuting

the appeal.

Hence, appeal is dismissed for default.

Sd/-

JUDGE

RR