Sri. K.C. Ramesh vs Sri. K. Gopinath
2024 Latest Caselaw 19019 Kant

Karnataka High Court

Sri. K.C. Ramesh vs Sri. K. Gopinath on 30 July, 2024

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                                                                 NC: 2024:KHC:30080
                                                              CRL.A No. 321 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 30TH DAY OF JULY, 2024

                                               BEFORE
                                 THE HON'BLE MRS JUSTICE M G UMA

                                 CRIMINAL APPEAL NO. 321 OF 2023

                   BETWEEN:
                   SRI. K.C. RAMESH,
                   S/O. LATE. CHANNIGARAYAPPA,
                   AGED ABOUT 53 YEARS,
                   RESIDENT OF NO.12, 1ST MAIN ROAD,
                   BEHIND GOVERNMENT SCHOOL,
                   BYADARAHALLI, MAGADI MAIN ROAD,
                   BENGALURU - 560 091
Digitally signed
by NANDINI B G                                                           ...APPELLANT
Location: high
court of           (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE (ABSENT))
karnataka
                   AND:
                   SRI. K. GOPINATH,
                   S/O. KRISHNAPPA K.V.,
                   AGED ABOUT 58 YEARS,
                   RESIDENT OF FLAT NO.401,
                   4TH FLOOR, SKANDA SHRI. SLV LAYOUT,
                   NEXT TO THE CLUB MYSORE ROAD,
                   BENGALURU SOUTH, NAYANDALLI,
                   BENGALURU - 560 039
                                                                       ...RESPONDENT

                          THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO MAY BE
                   PLEASED TO A. SET ASIDE THE IMPUGNED JUDGMENT PASSED BY
                   THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS JUDGE,
                   RAMANAGARA IN CRL.A.NO.18/2022 DATED 22.12.2022 AND TO
                   CONFIRM THE JUDGMENT AND SENTENCE PASSED BY THE LEARNED
                   II   ADDITIONAL    CIVIL    JUDGE    AND     JMFC    MAGADI    IN
                   C.C.NO.1227/2020    DATED    09.12.2021     AND     CONVICT   THE
                   RESPONDENT FOR COMMISSION OF OFFENCE P/U/S.138 OF NI ACT
                   AND ALLOW THE COMPLAINT FILED BY APPELLANT BY ORDERING
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                                               NC: 2024:KHC:30080
                                            CRL.A No. 321 of 2023




PAYMENT OF COMPENSATION OUT OF FINE AMOUNTS AND ALLOW
THE ABOVE APPEAL.

      THIS CRL.A., COMING ON FOR ORDERS, THIS DAY, JUDGMENT
WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MRS JUSTICE M G UMA


                        ORAL JUDGMENT

Learned counsel for the appellant is absent. No

representation.

Even though the notice is ordered to be issued as per

order dated 28.02.2023, till date PF is not paid for issuance of

notice nor there is any representation. It appears that the

appellant is not interested in prosecuting the appeal.

Hence, appeal is dismissed for non-prosecution.

Sd/-

JUDGE

SPV