IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.36 OF 2015 BETWEEN:
Sri. C. Chandrashekar Son of Sri. A.Channaiah, Aged about 48 years, R/at No.153, 1st Floor, 6th Cross, Vikramadithya Rd, Laxmipura, Kempegowdanagar, Bengaluru-560019. ...Appellant (By Sri. Gopal Gowda H.K., Advocate) AND:
Sri. G. Chandrappa S/o. Gangappa, Aged about 60 years, R/at No.10/8, Sadgruha Krupa, 2nd Main, 4th Cross, Shivanagar, Bengaluru-560010.
...Respondent (By Sri. P.Nehru, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the order of acquittal dated:03.09.2014 passed by the XVIII A.C.M.M., Bengaluru in C.C.No.24835/2005 – 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.
None appear in the matter.
Learned counsel for the appellant is absent.
2. A perusal of the order sheet go to show that since several dates of hearing, learned counsel for the appellant has not appeared in the matter, as such, on 08.01.2019 observing that none appear in the matter, as finally time was granted till 14.01.2019, making it clear that no further adjournment would be granted in the matter.
3. On 14.01.2019, this Court made the following observation:
“None appear in the matter.
2. A perusal of the order sheet would go to show that noticing that even on the previous dates of hearing also, there was no representation on behalf of the appellant, this Court by an order dated 8.1.2019 granted time finally making it clear that no further adjournment would be granted in the matter.
3. Since there is no representation from the appellant’s side in the matter today, as a last chance, adjournment is granted once again making it clear that no further adjournment would be granted in the matter in case of non-appearance of the appellant on the next date of hearing and the Court proceed to pass appropriate order including the order of dismissal of the appeal for non- prosecution.
List the matter on 18.01.2019.”
4. Thereafter, once again the matter was listed on 18.01.2019. Even though it was mentioned in the order dated 14.01.2019, that in case of non-appearance of the appellant, the Court may pass even an order of dismissal of the appeal for non-prosecution, still, once again as a final chance a week’s time was granted, as such, the matter is once again called today. Even today also, there is no representation from either side in the matter.
5. In such a situation, I am constrained to arrive at a conclusion that the appellant is not interested in prosecuting the matter. Though generally, a criminal appeal would not be dismissed for non-prosecution, but this is not an appeal against conviction, but this is an appeal against acquittal by the complainant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Inspite of Court giving sufficient opportunities, since the appellant has not utilized the same, I am constrained to hold that the appellant is not interested in prosecuting the matters.
Accordingly, the Appeal stands dismissed for non- prosecution.
Sd/- JUDGE BMC