IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL No.1391/2018 Between:
Mr. P.Bharath Kumar Aged about 42 years S/o P.K.S.Rao Residing at No.197, Club Avenue Road LRDE Layout, Karthik Nagar Bengaluru-560037. ... Appellant (By Sri P.S. Channe Gowda, Advocate) And:
1. M/s. Sharon Systems, Proprietor: Mr. JoshuaMartyn 60/4, 11th Avenue, Ashok Nagar Chennai-600083.
2. Mr. Joshua Martyn Proprietor: M/s. Sharon Systems S/o Samuel Martyn Flat No.AF3, Vinoth Viruksha Apartments Near Thai Moogambikal College Ganga Amnam Street, Nolambur Chennai-600107. ... Respondents This Criminal Appeal is filed under Section 378(4) of Cr.P.C. praying to set aside the judgment dated 11.04.2018 passed by the XIV A.C.M.M., Bengaluru in C.C.No.60703/2017-acquitting the respondent/accused for the offence punishable under Section 138 of N.I. Act and etc., This Criminal Appeal is coming on for Orders, this day, the Court delivered the following:
J U D G M E N T There is no representation for the appellant.
2. The order sheet discloses that on 30.10.2018, notice was issued to the respondents both on main appeal and on interlocutory application. On 14.12.2018, 10.01.2019, 01.02.2019, 21.02.2019, 12.06.2019 and 12.07.2019, though the case was listed, however, there was no representation for the appellant on all those dates. As on today, process fee, appeal memo and I.A. copies for issuance of notice to the respondents are not furnished.
3. This is an appeal filed by the complainant against the judgment and order of acquittal passed by the trial Court, thereby acquitting the accused/respondents for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.
4. It appears that the complainant is not interested in prosecuting the appeal. Accordingly, this criminal appeal is dismissed for non-prosecution.
Sd/- JUDGE ssb