IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1275 OF 2010 BETWEEN:
P.Narasimhaiah S/o. Late Putaiah, Aged about 42 years, R/at No.209/2, 3rd Main Road, MSR Nagar, Bengaluru-560 054. ...Appellant (By Sri. M.Ramakrishna, Advocate) AND:
Sri. G.D.Mutturaju No.497/A, 11th A Cross, 4th Main Road, West of Chord Road II Stage, Mahalakshmipuram, Bengaluru-560 086. ...Respondent (By Sri. T.H.Narayana, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the order dated:08.11.2010 passed by the XVIII ACMM & XX ASCJ, Bengaluru in C.C.No.13899/2006 – acquitting the respondent/accused for the offence punishable under Section 138 of N.I.Act.
This Appeal coming on for Hearing, this day, the Court made the following:
ORDER None appear. Learned counsel for the appellant is also absent.
2. A perusal of the order sheet would go to show that the present appeal is of the year 2010, as such, one among the old appeals pending before the Court. Inspite of granting sufficient time, counsel for the appellant has not appeared and addressed his argument. The matter is coming up in the weekly list.
3. Inspite of granting considerable time, counsel for the appellant has neither appeared nor addressed his argument, as such, it is clear that the appellant is not evincing any interest in prosecuting the matter.
4. Though, generally a criminal appeal would not be dismissed for non prosecution, but the present appeal is not an appeal against the conviction, but it is against the judgment of acquittal passed by the Court below, wherein the present respondent / accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act.
Thus, in view of the fact that the appellant being the complainant is not evincing any interest in the matter and dismissal of the appeal would not cause any prejudice to the interest of the respondent, as such, the appeal stands dismissed for non prosecution.
Sd/- JUDGE GH