IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO.2025 OF 2017 Between:
Sri. G.N. Lokeshwara, Aged about 60 years, S/o. late G.K. Nanjunda Setty, Advocate, Having office at No.3, Right 5th Cross, Magadi Road, Bengaluru- 560 023. …Appellant (By Sri. G. Chandrashekaraiah, Advocate -Absent) And:
Sri. Mohan Babu, S/o. Late Bettaiah, Aged about 50 years, R/at No.120, 1st Main Road, Madhuranagar, Moodalapalya, Nagarabhavi Road, Bengaluru -72. ... Respondent This Criminal Appeal is filed under Section 378 (4) of Cr.P.C. praying to set aside the judgment dated 06.10.2017 passed by the XXIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No.397/2016 –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 delivered the following:
JUDGMENT Though the matter is called twice there is no representation for the appellant.
2. This is an appeal filed by the complainant against an order of acquittal passed by the trial Court thereby, acquitting the respondent for the offence punishable under Section 138 of Negotiable Instruments Act.
3. Notice was issued to the respondent on 28.11.2018. However, the learned counsel for the appellant has not furnished process fee, appeal memo and Interlocutory Application’s copy to issue notice to the respondent.
4. The order sheet discloses that none appeared for the appellant throughout and on 04.06.2019 as a last chance a week’s time was granted to do the needful. Again on 03.07.2019 a week’s time was granted to do the needful. However, as on today, needful has not been done.
It appears that the appellant is not interested in prosecuting the appeal. There is no purpose in keeping the appeal pending.
Accordingly, appeal is dismissed for non prosecution.
Sd/- JUDGE BVK