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.1656/2018 Between:
Sri Chandrashekar Suvarna S/o late Rukmaiah Mestri Aged about 50 years R/o “Anugraha”, S.S.Layout Ashok Nagar Post, Urva-Chilimb Mangaluru-575006. ... Appellant (By Smt Shakunthala Shetty, Advocate) And:
Sri Mohan Das Shetty S/o late Shivappa Shetty Aged about 43 years R/at No.203, Thasvi Elite Kadri Kambla, Pinto’s Lane Mangaluru-575006. ... Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C. praying to set aside the judgment dated 06.06.2018, passed by the IV Additional Civil Judge and JMFC, Mangalore in C.C.No.1073/2014, 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 notice was issued to the respondent on main appeal and also on I.A’s on 29.11.2018. Thereafter, the appeal was listed before this Court on 11.01.2019, 01.02.2019, 21.02.2019, 12.06.2019 and 12.07.2019. On all these dates, the learned counsel for the appellant has remained absent. As on today, process fee, appeal memo and I.A. copies for issuance of notice to the respondent 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/respondent 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. There is no purpose in keeping this appeal pending without necessary steps being taken by the appellant. Accordingly, this criminal appeal is dismissed for non-prosecution.
ssb Sd/- JUDGE