IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1467 OF 2016 BETWEEN:
Sri. R.Mohan Krishna S/o. Late N.Ramakrishnappa, Aged about 56 years, R/a No.1016/286, Weavers Colony, Gottigere Post, Bengaluru-560083. ...Appellant (By Sri. Bharath Kumar V, Advocate) AND:
Sri. H.Hemaraj S/o. Hanumanthappa, Aged about 55 years, No.312, 6th Cross, Weavers Colony, Gottigere Post, Bengaluru-560083. ...Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the judgment and order dated:28.07.2016 passed by the XVIII A.C.M.M., Bengaluru in C.C.No.27169/2007 – 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 afternoon Session. None appear for the appellant.
2. A perusal of the cause list go to show that the matter is coming up for the fifth time, for the appellant to furnish PF., and copy of the appeal memo for issuance of notice to the respondent, despite which the appellant has neither appeared nor taken fresh steps.
3. A perusal of the order sheet also would go to show that since 06.06.2018 till this date, the appellant has remained absent in this matter, when the matter was taken up on different dates of hearing. An opportunity as a final chance was also given to him despite which the appellant has not taken steps to ensure service of notice upon the respondent. In the circumstances, it can be inferred that the appellant is not interested in prosecuting the matter.
Accordingly, the appeal stands dismissed for not taking steps.
Sd/- JUDGE GH