Deepak Balasaheb Khot vs Haroon Babalal Khalifa
2024 Latest Caselaw 5131 Kant

Karnataka High Court

Deepak Balasaheb Khot vs Haroon Babalal Khalifa on 20 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                     -1-
                                                             NC: 2024:KHC-D:4118
                                                             CRL.A No. 100041 of 2021




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                                  BEFORE

                              THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                                   CRIMINAL APPEAL NO. 100041 OF 2021

                       BETWEEN:

                            SHRI DEEPAK BALASAHEB KHOT
                            AGE: 31 YEARS, OCC: AGRICULTURE
                            AND BUSINESS,
                            R/O SHAMNEWADI-591214,
                            TQ: CHIKODI, DIST: BELGAUM.

                                                                          ...APPELLANT
                       (BY SRI ABHISHEK C. PATIL, ADVOCATE)

                       AND:

                       1.   SHRI HAROON BABALAL KHALIFA,
                            AGE: 33 YEARS, OCC: BUSINESS,
                            R/O: WARD NO.9 H.NO.750,
                            ASARA NAGAR, INCHALKARANJI-416115,
                            TQ: HATHKANAGALA, DIST: KOLHAPUR,
ANNAPURNA                   MAHARASHTRA STATE
CHINNAPPA
DANDAGAL               2.   THE STATE OF KARNATAKA
                            REPRESENTED BY
 Digitally signed by
 ANNAPURNA                  ADDITIONAL STATE PROSECUTOR,
 CHINNAPPA
 DANDAGAL                   HON'BLE HIGH COURT OF KARNATAKA,
 Date: 2024.02.21
 11:11:36 +0530             CIRCUIT BENCH, DHARWAD.

                                                                        ...RESPONDENTS
                       (BY SMT. GIRIJA S. HIREMATH, ADVOCATE)


                              CRL.RP FILED U/S 397/R/W SEC 401 OF THE CR.PC., PRAYING
                       TO SET ASIDE THE JUDGMENT DATED 23.11.2011 PASSED BY THE II
                       ADDITIONAL SESSIONS JUDGE, BELGAUM IN CR.AP.121/2009 AND
                       RESTORE THE JUDGMENT AND            ORDER   OF CONVICTION AND
                              -2-
                                   NC: 2024:KHC-D:4118
                                   CRL.A No. 100041 of 2021




SENTENCE DATED 28.07.2009 PASSED BY THE I ADDITIONAL CIVIL
JUDGE (JR.DN) AND JMFC CHIKODI IN CC 531/2005.


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


                        JUDGMENT

1. Matter called thrice. There is no representation on

behalf of the appellant. Even on the earlier dates of

hearing, there was no representation on behalf of the

appellant.

2. On 07.02.2024, this Court had granted time to

comply with the office objections, subject to payment of

cost of Rs.1,000/- and the matter was ordered to be listed

on 16.02.2024, and on the said date there was no

representation on behalf of the appellant and the order

dated 07.02.2024 was also not complied.

3. Till date, the order dated 07.02.2024 is not complied

and inspite of the matter being called thrice today, there is

no representation on behalf of the appellant. Therefore,

this Court has no option but to dismiss the appeal for non-

NC: 2024:KHC-D:4118

prosecution. Accordingly, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

KK CT:GSM