IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1642 OF 2017 BETWEEN:
Smt. Radha W/o. Dyavegowda, Aged about 40 years, R/at 2nd Cross, Viveknagar, Hassan-01. ...Appellant (By Sri. Pratheep K.C., Advocate) AND:
Smt. Prathima M.S W/o. G.R.Vishwanath, Aged about 33 years, R/at Sri. Lakshmi Bangles & Ladies tailor, Near tanvi-trisha Kalyana mantapa, M.G.Road, Vidyanagar, Hassan-01. ...Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the judgment dated:21.08.2017 passed by the Principal Civil Judge and JMFC., Hassan in C.C.No.6627/2014 – acquitting the respondent/accused for the offence punishable under Section 138 of N.I.Act.
This Appeal coming on for Orders, this day, the Court made the following:
ORDER Called again in the afternoon Session in the third round. None appear for the appellant in this matter.
2. A perusal of the order sheet would go to show that the appellant has not furnished correct, complete and present address of the respondent to issue notice to the respondent. In that regard sufficient opportunities have already been given to the appellant. After granting several adjournments at the request of the appellant, on 25.10.2018 as a last chance, a week’s time was granted. Thereafter also the appellant did not take steps. On 14.12.2018, once again as a final opportunity, a week’s time was granted to do the needful, despite which the appellant did not furnish correct address to issue notice to the respondent. On 18.01.2019, once again there was no representation from the appellant’s side. However, as a last final chance, a week’s time was granted, despite which the appellant has not taken appropriate steps to ensure service of notice to the respondent.
Thus, it can be inferred that the appellant is not interested in prosecuting the matter. Accordingly, the appeal stands dismissed for not taking steps.
Sd/- JUDGE GH