Sri S Nithya @ Nithyananda vs Sri N Shakeel Khan
2024 Latest Caselaw 27993 Kant

Karnataka High Court

Sri S Nithya @ Nithyananda vs Sri N Shakeel Khan on 22 November, 2024

                                            -1-
                                                           NC: 2024:KHC:47684
                                                        CRL.A No. 799 of 2019




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 22ND DAY OF NOVEMBER, 2024

                                          BEFORE
                            THE HON'BLE MRS JUSTICE M G UMA

                           CRIMINAL APPEAL NO. 799 OF 2019 (A)

                BETWEEN:
                SRI. S. NITHYA @ NITHYANANDA
                S/O LATE M.D. SADASHIVAM,
                AGED ABOUT 63 YEARS
                R/AT NO.135, 2ND CROSS,
                TELECOM LAYOUT, PIPELINE ROAD,
                VIJAYANAGAR, BENGALURU - 560 023
                                                                  ...APPELLANT
                (BY SRI. NAGENDRA SHETTY, ADVOCATE (ABSENT))
Digitally
signed by
SWAPNA V        AND:
Location:
high court of   SRI. N. SHAKEEL KHAN
karnataka
                S/O NAZEER AHMED KHAN
                AGED ABOUT 45 YEARS
                PROPRIETOR OF FINE TOOLS AND
                PRESSING, NO.9/2, 12TH CROSS,
                MAGADI ROAD, BENGALURU - 560 023
                                                                ...RESPONDENT

                      THIS CRL.A IS FILED U/S 378(4) OF CR.P.C PRAYING TO SET
                ASIDE THE JUDGMENT AND ORDER OF DISMISSAL DATED
                05.07.2017, PASSED BY THE HONBLE 66TH ADDITIONAL CITY CIVIL
                AND    SESSIONS     JUDGE   CCH-67,    BENGALURU     CITY  IN
                CRL.A.NO.1102/2014 FILED UNDER SECTION 372 OF THE CR.PC AND
                FURTHER ORDER BE PASSED TO SET ASIDE THE JUDGMENT AND
                ORDER OF ACQUITTAL DATED 02.09.2014, PASSED BY THE HONBLE
                22ND A.C.M.M., BENGALURU CITY IN C.C.NO.22484/2012 AND THERE
                UPON TO CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE
                P/U/S 138 OF THE N.I ACT.

                     THIS CRL.A, COMING ON FOR ORDERS, THIS DAY, JUDGMENT
                WAS DELIVERED THEREIN AS UNDER:
                CORAM:    HON'BLE MRS JUSTICE M G UMA
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                                                 NC: 2024:KHC:47684
                                             CRL.A No. 799 of 2019




                         ORAL JUDGMENT

Learned counsel for the appellant is absent. No

representation even when the matter is passed over twice and

again called at 3.17 pm.

The order sheet dated 26.09.2024 reads as under:

"Learned counsel for the appellant is absent. No representation even when the matter is passed over twice and again called at 1.15 pm.

Notice issued to the respondent is returned unserved as addressee vacated the premises. The appeal is of the year 2019. It appears that the appellant is not interested in prosecuting the appeal. However, to afford final opportunity, list this matter after one week."

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

appears that the appellant is not interested in prosecuting the

appeal.

Hence, the appeal is dismissed for non-prosecution.

Sd/-

(M G UMA) JUDGE

SPV