IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1316 OF 2010 BETWEEN:
Sri.R.Shivashankar, S/o Late Revanna, Aged Major, R/a No.1, 1st Cross, Manjunathanagar, Magadi Main Road, Bengaluru – 560 023. …Appellant (By Sri. D.R.Anandeeswara, Advocate) AND:
K.S.Badrinath, S/o. Sudharshan, Aged about 35 years, No.859, Shravana, 26th Cross, 5th Main, Kumara Swamy Layout, Bengaluru – 560 078. …Respondent ( By Sri. A Srikanth, Advocate) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the judgment dated 25.11.2010 passed by the XIX Addl.CMM, Bengaluru, in C.C.No.20579/07 - Acquiting the respondent/accused for the offence punishable under Section 138 of N.I.Act.
This Criminal Appeal coming on for Hearing this day, the Court made the following:
ORDER Learned counsel for the appellant is absent. Learned counsel for the respondent alone present.
2. This matter has been appearing in the weekly list since a long time. A perusal of the order sheet would go to show that on 25.1.2019, 6.2.2019, 12.2.2019 and today when the matter was taken up in more than one round, there is no representation for the appellant. As such, in this appeal of the year 2010, which is one of the old matters pending before this Court, the counsel for the appellant is not evincing any interest in prosecuting the matter. Though generally, a criminal appeal would not be dismissed for non-prosecution, but, it is not an appeal against the judgment of conviction, but, it is an appeal against the judgment of acquittal filed by the complainant challenging the acquittal of the present respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.
3. In view of the observations made above that the learned counsel for the appellant has remained absent and is not evincing any interest in this appeal of the year 2010, it has to be inferred that the appellant is not interested in prosecuting the matter.
Accordingly, the Appeal stands dismissed for non-prosecution.
Sd/- JUDGE bk/