Karnataka High Court
Shri D. Sudhakar Gupta vs Shri Kannaiah on 28 June, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:24013
CRL.A No. 759 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 759 OF 2014
BETWEEN:
SHRI D. SUDHAKAR GUPTA
S/O D VENKATA NANJAIAH
AGED ABOUT 49 YEARS
R/AT No.22, 1ST MAIN IV CROSS
LIC COLONY, JAYANAGAR
3RD BLOCK, JAYANAGAR,
BANGALORE - 560 011.
...APPELLANT
(BY SRI V B SHIVA KUMAR, ADVOCATE - ABSENT)
AND:
Digitally signed by SHRI KANNAIAH
LAKSHMINARAYANA S/O LATE P. AYYASWAMY
MURTHY RAJASHRI
Location: HIGH AGED ABOUT 56 YEARS
COURT OF
KARNATAKA
R/AT No.1, 1ST FLOOR
C/O SRINIVAS BANK
(BYRAWESHWARA FLOOR MILL)
SANNAPPANA HALLI
BETTADALASUR POST, JALA HOBLI
BANGALORE NORTH TALUK
BANGALORE - 562 157.
...RESPONDENT
(BY SRI S KASINAGALINGAM, ADVOCATE - ABSENT)
THIS CRL.A. IS FILED U/S. 378(4) CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:29.5.14 PASSED BY THE XVI
ADDITIONAL C.M.M., BANGALORE CITY, IN C.C.No.8151/11 -
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NC: 2024:KHC:24013
CRL.A No. 759 of 2014
ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 OF N.I. ACT AND ETD.,
THIS APPEAL COMING ON FOR ARGUMENTS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant is absent.
2. Learned counsel for the appellant was also
absent on 24.11.2023, 06.12.2023, 20.12.2023,
25.01.2024 and 16.02.2024. This Court on 16.02.2024
has passed the following order
"Sri V B Shiva Kumar, learned counsel for the
appellant, is absent.
Sri Kasinagalingam S, the learned counsel for the
respondent, is present.
Due to absence of the learned counsel for the
appellant, the matter could not be proceeded with.
It is borne-out from the order sheet that, this
Court vide order dated 24.11.2023, 06.12.2023,
20.12.2023 and 25.01.2024, in spite of absence of
the counsel for appellant, has granted time and as
such, the matter is listed today. Even today there is
no representation for the appellant. However, in the
interest of justice, as a last chance, one more
opportunity is given to the counsel for appellant to
proceed with the matter, subject to payment of cost
NC: 2024:KHC:24013
of Rs.500/- payable to the Legal Services Authority
of this Court on or before next date of hearing,
failing which further orders will follow.
List the matter after two weeks, finally."
Inspite of granting several adjournments and
adjourning matter subject to payment of cost of Rs.500/-,
learned counsel for the appellant neither paid the cost nor
appeared before the Court to argue the matter. It appears
that appellant is not interested in prosecuting this matter.
3. Hence, the appeal is dismissed for non-
prosecution.
Sd/-
JUDGE
DSP
