IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.A. No. 329/2010 (A) BETWEEN B. KRISHNAMURTHY S/O H V BHARTHAPPA AGED ABOUT 44 YEARS R/AT 57, 29TH A CROSS GEETHA COLONY, JAYANAGAR BENGALURU – 560 011 ... APPELLANT (BY SRI. VISHNU MURTHY, ADV. [ABSENT]) AND B. JAYARAM AGED ABOUT 48 YEARS R/AT 49, 13TH CROSS 4TH ‘T’ BLOCK BEHIND AUTO MECH WORK SHOP BENGALURU – 560 011 ... RESPONDENT (BY SRI. MAHANTESH SHETTAR, ADV. FOR SRI. JEERIGE AND ASSOCIATES, ADV.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) READ WITH 391 CR.P.C., PRAYING TO ASET-ASIDE THE JUDGMENT PASSED BY THE 16TH ADDL. CMM., BENGALURU IN C.C.NO.13588/2008 DATED 01.01.2010 – ACQUITTING THE APPELLANT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT.
THIS CRIMINAL APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The appellant and his counsel remained absent.
There is no representation on their behalf.
The order sheet reveals that, on the previous hearing dates also there was no representation for the appellant and as well as respondent/accused. Without there being any representation, it is not proper on the part of the Court to adjourn the case. Hence, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE KGR*