IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1247 OF 2010 BETWEEN:
Dr.T.M.Vijayakumar R/at No:53/1 2nd Cross, 3rd Main Asrama road Ranganathapura Kamakshipalya Bengauru-79 (By Sri.K.B.K.Swamy, Advocate) AND:
Smt.Subbulakshmi W/o Prakash Kamala Nehru Makkala Mandira Boys High School No:81, Nitturu Srinivas Rao Road Basavanagudi Bengaluru-04.
...Appellant ...Respondent (By Sri.Shiva Reddy K.N, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the order of acquittal dt: 27.08.2010 passed by the XVI Addl.CMM., Bangalore City in C.C.No.8196/09 – acquitting the respondent/accused for the offence p/u/s 138 of N.I.Act.
This Appeal coming on for Hearing, this day, the Court made the following:
ORDER Called again. None appear in the matter. Learned counsel for the appellant as well learned counsel for the respondent both are absent.
2. A perusal of the order sheet would go to show that, in this criminal appeal of the year 2010, which is one among the old appeal pending before this Bench, even on the previous dates of hearing also, ie., on 08.01.2019 and on 12.02.2019, there was no representation from either side, as such, it is clear that neither the counsel for the appellant nor learned counsel for the respondent are showing any interest in appearing and addressing their argument.
3. Though normally, a criminal appeal would not be dismissed for non prosecution, but, it is not an appeal against the judgment of conviction, but it is against the judgment of acquittal, wherein the complainant has challenged the acquittal of the present respondent for the offence punishable under Section 138 of the Negotiable Instruments Act.
4. In the circumstances of the case, in view of the fact that despite granting sufficient opportunity, since the appellant has not appeared and addressed his argument holding that the appellant is not evincing any interest in prosecuting the matter, the appeal stands dismissed for non prosecution.
Sd/- JUDGE GH