IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.769 OF 2014 BETWEEN:
M/s. Sree Gokulam Chits And Finance Company(Private)Limited, Situated at No.24, 1st Floor, 80 Feet Road, R.T.Nagar, Bengaluru-560 032.
Represented by its Accounts Assistant & Authorisation Holder, Sri. Rajesh Kumar S S/o. K.P.Sridharan Nair, Aged about 37 years. ...Appellant (By Sri. B.N.Ravishankar, Advocate) AND:
Sri. R. Madesh S/o. V.Ramu, Age:Major, Residing at No.2, 1st Cross, Muneshwara Layout, Near Kaleramma Temple, Sulthanpalya Main Road, R.T.Nagar, Bengaluru-560 032. ...Respondent (By Sri. Siddaraju N, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the order dated:12.06.2014, passed by the XLII ACMM, Bengaluru City, in C.C.No.13676/2009 – acquitting the respondent/accused for the offence punishable under Section 138 of N.I.Act.
This Appeal coming on for Admission, this day, the Court made the following:
ORDER Called again in the second round. None appear in the matter.
2. A perusal of the order sheet would go to show that, in this criminal appeal of the year 2014, which is still in the stage of admission, on several dates of hearing, there was no representation for the appellant.
3. On 12.07.2018, thereafter on 02.08.2018 and 31.08.2018, the matter was adjourned at the request. Thereafter when the matter was listed on 22.11.2018, none appeared in the matter. Once again the matter was listed on 14.12.2018 and was called in the second round and when there was no representation from the appellant’s side on both the rounds, as a final opportunity, once again the time was granted by a week. Accordingly, the matter was listed on 02.01.2019. On 02.01.2019 also, the matter was called in two rounds. There was no representation in the matter. As such, one more time, the matter was adjourned showing it very clearly that as a last opportunity, time is being granted. Accordingly, the matter has come up today.
4. When it was called in the first round, ie., in the forenoon, as such, again the matter was taken up in the afternoon, now also there is no representation in the matter. This would clearly go to show that appellant is not evincing any interest in prosecuting the matter.
5. Though normally, a criminal appeal would not be dismissed for non prosecution, but, in the instant case, the present appeal is not against the judgment of conviction, but, it is the complainant challenging acquittal of the present respondent for the offence punishable under Section 138 of the Negotiable Instruments Act.
6. For the reasons shown above and in view of the fact that the appellant is not evincing any interest in prosecuting the matter which is of the year 2014, it has to be necessarily held that the appellant is not prosecuting the matter.
Accordingly, the appeal stands dismissed.
Sd/- JUDGE GH