IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.2130 OF 2017 BETWEEN:
Sri Somanna S/o Late Muniramaiah, No.233/1, Nisarg Sommanna Garden Layout, Vidyaranyapura, Bengaluru – 560 097. .. Appellant ( By Sri B.Srinivas, Advocate ) AND:
Sri Suman S. Proprietor, M/s.Fultifabs India, No.1, 1st Main Road, Chikkabanasawadi Kasturinagar, Bengaluru – 560 043. .. Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the order dated 7.2.2017, passed by the XII Addl.C.M.M., Bengaluru in C.C.No.29586/2015, acquitting the respondent/accused for the offence punishable under Section 138 of N.I.Act.
This Criminal Appeal coming on for orders this day, the Court made the following:
ORDER Called again in the third round. None appear for the appellant.
2. According to the office note, for the fourth time, the matter is coming up for the alleged non-compliance of office objections.
3. The appeal is of the year 2017 and we are in the year 2019. Till date, the appellant has not complied with the office objections despite granting him sufficient time even as finally also. After granting an adjournment as finally even in the absence of appellant on 24.7.2018, this Court on 18.8.2018, had made it very clear that, in case the compliance is not effected on or before 27.8.2018, the appeal would stand dismissed for default for non-compliance. In spite of the same, the appellant has not complied the office objections. However, on 31.8.2018, once again an opportunity was granted to him to complete some of the office objections before the closure of the office hours on the said day and two more weeks time to comply with other office objections. Even thereafter, there is no compliance of office objections.
4. On 26.10.2018, once again, as finally, a week’s time was granted to comply the office objections. Despite which, neither the appellant present and shown reasons for non-compliance nor complied the office objections.
As such, the Appeal stands dismissed for non-compliance of office objections.
Sd/- JUDGE bk/-