IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL APPEAL No.921/2010 BETWEEN:
SRI S.JAYARAM S/O LATE PATEL SHETTAPPA AGED ABOUT 67 YEARS R/AT TIPPU SULTAN ROAD DEVANAHALLI TOWN BANGALORE DISTRICT …APPELLANT (BY SRI V.ANAND, ADVOCATE –ABSENT) AND :
SRI CHENNIGARAYAPPA S/O CHIKKAVERAIAH R/AT BENAMANGALA VILLAGE HALIYUR POST CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT …RESPONDENT (BY SRI N.SHIVAKUMAR, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF ACQUITTAL DATED 22.06.2010 IN C.C.NO.172/2002 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, DEVANAHALLI CONVICTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Sri V. Anand, learned counsel for the appellant has remained absent. No representation.
Sri N.Shivakumar, learned counsel for the respondent is present.
2. It is the appeal between two individual persons under Section 138 of Negotiable Instruments Act. Therefore, no latitude can be extended to the appellant.
3. The matter is of the year 2010. As there is no representation, no need for this Court to adjourn the matter simply. Therefore, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE TL