B C Thimmaiah vs Mr Narayana
2024 Latest Caselaw 26630 Kant

Karnataka High Court

B C Thimmaiah vs Mr Narayana on 7 November, 2024

                                                 -1-
                                                                 NC: 2024:KHC:44934
                                                          CRL.A No. 1952 of 2021




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 7TH DAY OF NOVEMBER, 2024

                                               BEFORE
                                  THE HON'BLE MRS JUSTICE M G UMA

                                CRIMINAL APPEAL NO. 1952 OF 2021 (A)

                     BETWEEN:
                     B.C. THIMMAIAH
                     S/O B.B. CHINNAPPA
                     AGED ABOUT 36 YEARS,
                     REPRESENTED GPA HOLDER
                     B.B CHINNAPPA
                     R/O BELIGERI VILLAGE
                     KAGGODLU POST
                     MADIKERI TALUK
                     KODAGU (DIST)
                                                                        ...APPELLANT
Digitally signed     (BY SRI. PRAKASH R.M., ADVOCATE (ABSENT))
by NANDINI B G
Location: high
court of karnataka   AND:
                     MR. NARAYANA
                     S/O SOMASHEKAR
                     MAJOR IN AGE
                     R/O BRAHAMINS VALLY
                     HOUSE NO.14/2, MADIKERI
                                                                      ...RESPONDENT

                            THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET
                     ASIDE THE JUDGMENT DATED 10.03.2021 IN C.C.NO.947/2017
                     ACQUITTING THE RESPONDENT FOR THE OFFENCE P/U/S 138 OF
                     N.I. ACT AND CONVICT THE RESPONDENT AND AWARD COSTS OF
                     THESE PROCEEDINGS.

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

                     CORAM:     HON'BLE MRS JUSTICE M G UMA
                                     -2-
                                                   NC: 2024:KHC:44934
                                              CRL.A No. 1952 of 2021




                           ORAL JUDGMENT

Learned counsel for the appellant is absent. No

representation even when the matter is passed over twice and

again called at 2.38 pm.

The order sheet dated 04.09.2024 reads as under:

"Learned counsel for the appellant is absent. There is no representation.

The petition is of the year 2021.The matter is listed for third time for compliance of office objections. Inspite of that neither there is representation nor the office objections are complied with.

It appears the appellant is not interested in prosecuting the appeal.

I do not find any reason to adjourn the matter. However, to afford a final opportunity, a week's time is granted to comply with the office objections.

List this matter after one week."

Inspite of that, there is no progress in the matter. The

appeal is of the year 2021. The office objections are not

complied with even though the matter is listed for 4th time. It

NC: 2024:KHC:44934

appears that the appellant is not interested in prosecuting the

appeal.

Hence, the appeal is dismissed for non-compliance of

office objections.

SD/-

(M G UMA) JUDGE

SPV