IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 12TH DAY OF JULY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL NO.530 OF 2018 BETWEEN SRI. R.DHANDAYUDHAPANI @ BAJI, S/O. JAYARAM NAIDU, AGE:38 YEARS, R/AT: NO.636, 4TH CROSS, M.E.S. ROAD, MUTHYALAMMA NAGAR, BENGALURU-560 054. ... APPELLANT [BY SRI. A.SANJAY KUMAR, ADVOCATE] AND SRI. CHANDRU VELAN @ CHANDU VELAN, AGED ABOUT 35 YEARS, R/AT: NO.412, 2ND B CROSS, MUTHYALAMMA NAGAR, BENGALURU-560 054. ... RESPONDENT * * * THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED 18.01.2018 PASSED BY THE XVIII ADDL. C.M.M., BENGALURU IN C.C. NO.13908/2013 ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS, THIS DAY THE COURT DELIVERED THE FOLLOWING:
JUDGMENT There is no representation for the appellant.
2. The order sheet discloses that the learned counsel for the appellant remained absent on 05.06.2018, 29.06.2018, 27.07.2018, 23.08.2018, 23.11.2018, 30.11.2018, 11.01.2019, 01.02.2019, 21.02.2019 and 12.06.2019 continuously and there was no representation for the appellant on the above noted dates.
3. Though notice was ordered to be issued to the respondent, however, as on today, the process fee, appeal memo and I.A. copies to issue notice to the respondent have not been furnished.
4. This is an appeal preferred by the complainant against the Judgment and Order of acquittal passed by the trial Court acquitting the accused for the offence punishable under Section 138 of the Negotiable Instruments Act. It appears that, the appellant is not interested in prosecuting this appeal. There is no purpose in keeping the appeal pending.
The appeal is dismissed for non-prosecution.
Sd/- JUDGE.
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