IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL No.694/2015 Between:
Kutch Digital Zone Unit SB-8/9/10 Manipal Center, 47 Dickenson Road Bangalore – 560 042 By its Proprietor Sri. Govind Mahadev Patel. ... Appellant [ (By Sri. M.A.Subramani, Advocate – Absent) And:
1. Sri Satish B. Sharma S/o. B.N. Sharma Aged about 40 years No.15, Amrai Apartments Vesamala, Cannega Corner Nasik – 422 003.
Also at 121/125, Ashoka Plaza Corporate Software Park Nagar Road, Vimannagar Pune – 411 014.
2. M/s. Balaji Enterprises No.15, Amrai Apartments Vesamala, Cannega Corner Nasik – 422 003. ... Respondents This Criminal Appeal is filed under Section 378(4) of Cr.P.C. praying to set aside the judgment order dated 26.02.2015 passed by the XXIV A.C.M.M., Bangalore in C.C.No.27646/2011 – acquitting the respondent/accused for the offence P/U/S 138 of N.I. Act.
This Criminal Appeal coming on for orders this day, the Court delivered the following:
J U D G M E N T Inspite of granting sufficient time, the learned counsel for the appellant is not able to furnish the correct address of the respondents. Though the notice was issued on 21.08.2015, the respondents are not served. On 26.02.2019, two weeks time was granted to take fresh steps. However, needful has not been done.
2. The learned counsel for the appellant is also not present today.
3. This is an appeal against the order of acquittal passed in respect of an offence punishable under Section 138 of Negotiable Instruments Act. The appeal pertains to the year 2015. There is no purpose in keeping this appeal pending. Accordingly, the same is dismissed for non- prosecution.
Sd/- JUDGE KA/SJK