IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1881 OF 2017 BETWEEN:
Sri. M.Anand Kumar S/o. Late Muniyappa, Aged about 47 years, Residing at Flat No.17, 1st Floor, Chethan Apartment, K.Narayanapura Cross, Kottanur Post, Bengaluru-560 077. ...Appellant (By Sri. L. Kumar Guru, Advocate) AND:
Sri. Muniyappa S/o. Sri. Kadirappa, Aged about 52 years, Residing at No.124, Munireddy Layout, Mahadevapura, Bengaluru-560 048. ...Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the Judgment dated:27.09.2016 passed by the XIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.4356/2015 – 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 made the following:
ORDER Called again in the third round. None appear in the matter. Learned counsel for the appellant is absent.
2. A perusal of the order sheet would go to show that in this appeal of the year 2017, inspite of granting sufficient opportunities, the appellant has not taken steps to ensure service of notice upon the respondent.
3. A perusal of the order sheet go to show that on 08.01.2019 also learned counsel had remained absent. As such, as a last chance, time was granted till 14.01.2019. Once again on 14.01.2019, one more opportunity as a repeated last chance was given to the appellant, despite which he has not taken steps.
4. Even today also, when the matter was called in the second round, there was no representation on the appellant and no reason is forwarded for not taking steps. Hence, it can be presumed that the appellant is not showing any interest in prosecuting the matter by taking necessary steps to ensure service of notice upon the respondent.
Accordingly, the appeal stands dismissed for not taking steps.
Sd/- JUDGE GH