IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.373 OF 2010 BETWEEN:
Sri. R.P.Ravishankar, S/o. R.K.P.Gupta, Aged about 48 years, Residing at No.1/2, Temple Street, 8th Cross, Malleswaram, Bengaluru-560 003. ...Appellant (By Sri. K.A.Pasha, Advocate) AND:
1. Smt. R. Kuppa W/o. N.Sekar, 2. Sri. N. Sekar, S/o. Narayana Swamy, Both are residing at No.227, Dooravaninagar, Vijanapura, R.M.Nagar, Bengaluru-560 016. ...Respondents (By Sri. T. Srinivasan, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the judgment and order dated:29.10.2009 passed by the XVIII ACMM & XX ASCJ., Bengaluru in C.C.No.20503/06- acquitting the respondents/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. None appear in the matter.
2. On 03.01.2019, this Court had made the following order in the matter.
“Called again in the afternoon. None appear in the matter.
A perusal of the order sheet would go to show that in this appeal of the year 2010, observing that on several dates of hearing there was no representation from the appellant’s side, this Court by its order dated 26.10.2018 had ordered for issuance of emergent Court notice to both the parties. Thereafter, on 13.11.2018, learned counsel for the appellant alone present and sought for time to report settlement said to have been going on in the matter.
When the matter is taken up today, there is no representation from either side. Thus, it is made clear that in this appeal of the year 2010, no further adjournment would be granted, as such, as a last opportunity, a short accommodation is granted, making it clear that incase of non appearance on the next date of hearing, the Court may pass appropriate order including dismissal of the appeal or appointment of Amicus Curiae or Advocate from the panel of Legal Services Committee.
List the matter on 10.01.2019.”
3. Despite making it clear to both side that incase of their non appearance, the Court may pass appropriate order, including dismissal of this appeal, still there is no representation in this matter when the matter is called in two rounds.
4. Though, normally a criminal appeal would not be dismissed for non prosecution, but this is an appeal not against the judgment of conviction, but, against the judgment of acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act and filed by the complainant. Thus, when the complainant himself is not evincing interest in prosecuting the matter which is of eight years old in this Court and the original complaint being of the year 2006, it is clear that the appellant is not evincing any interest in prosecuting the matter.
Accordingly, the appeal stands dismissed for non prosecution.
Sd/- JUDGE GH