IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL APPEAL NO.830/2010 BETWEEN Sri.H.Pathappa, S/o.Yajaman Lingappa, Aged about 60 years, R/o.Davanagee Building, Near Santhepete, Hiriyur town, Rep. by his Power of Attorney Holder, Sri.Kiran Kumar, S/o.D.Nagendrappa, Aged about 29 years, R/o.Davanage Building, Near Santhepete, Hiriyur town. …APPELLANT (By Sri.Noushad Pasha, Advocate) (absent) AND Sri.N.Ramesh, S/o.N.Navaneetham, R/o.Doddakatte village, Aranakatte Post, Hiriyur Taluk. …RESPONDENT (By Sri.Gangadhara.D.V, Advocate For Sri.R.V.Jayaprakash, Advocate) This Criminal Appeal is filed u/s.378(4) Cr.P.C., praying to set aside the Judgment dated 19.06.2010 passed by the Senior Civil Judge and JMFC, Hiriyur in C.C.No.17/2006 acquitting the respondent/accused for the offence p/u/s.138 r/w.Section 142 of the Negotiable Instruments Act.
This appeal coming on for hearing, this day, the Court delivered the following:
J U D G M E N T Counsel for respondent present.
2. Appellant’s counsel remained absent in spite of calling the case twice.
3. The appeal is of the year 2010. More than eight years have already been lapsed. It appears the appellant’s counsel is not interested in proceeding with the case. Therefore, even in the absence of the appellant’s counsel and without seeking any time, there is no reason to adjourn the case unnecessarily.
4. Hence, the Appeal is dismissed for non- prosecution.
Sd/-
JUDGE bnv*