IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL APPEAL No.415/2018 BETWEEN:
M/S. SRI.RAJARAJESHWARI (MERCHANT), FINANCE, REPRESENTED BY ITS MANAGER, SRI.H.S.PARAMESH,S/O LATE SIDDANNA, AGED ABOUT 43 YEARS, AT NO.754, 1ST FLOOR, SWARNAMBA COMPLEX, ANJANANAGARA,MAGADI MAIN ROAD, VISHWANEEDAM POST, BENGALURU – 560 091. … APPELLANT (BY SRI. SOMASHEKAR ANGADI, ADVOCATE - ABSENT) AND:
SAJESH K.N, S/O BHASKARAN, AGED ABOUT 31 YEARS, RESIDING AT NALLIYEAL NILAYA, VALLYA VILLAGE,PATHAYAKUNNA POST, THALLIYARI TALUK, KERALA DISTRICT. …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO a. SET ASIDE THE JUDGMENT DATED 22.01.2018 PASSED BY THE C.J.M. BANGALORE IN C.C.NO.6178/2014 AND ETC.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
JUDGMENT Though this case is called twice, there is no representation for the appellant. Even though there was no representation for the appellant on the previous occasions i.e. on 30/01/2019, 01/03/2019 and 03/04/2019, time was granted to comply with the office objections. However, office objections are not complied as on today.
2. This appeal is preferred by the complainant seeking to set aside the order dated 22/01/2018 passed by the C.J.M., Bengaluru in C.C.No.6178/2014, wherein the complaint came to be dismissed, since the complainant was absent before the trial Court and he had failed to pay the process fee. Even before this Court there is no representation for the appellant/complainant. It appears that the appellant/complainant is not interested in prosecuting this appeal.
3. Hence, the appeal is dismissed for non-prosecution.
Msu Sd/- JUDGE