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.489 OF 2016 BETWEEN:
Sri. T.V. Kasirao, S/o. Sri. Ramakrishna Rao, Aged about 40 years, Timber Merchant, R/o. Rampura Village and Post, Chikkamagaluru Taluk-577 101. …Appellant (By Sri. K.S.Ganesha, Advocate) AND:
Sri. Jayanthilal, S/o. Late Jeswanth Lal, Aged about 43 years, Share Businessman, Auto World, Opp. Bata Showroom, M.G.Road, Chikkamagaluru,Pin-577101. …Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the order dated:29.12.2015 passed by the II Addl. Civil Judge and J.M.F.C., Chikkamagaluru in C.C.No.950/2013 - 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 in the matter.
2. On 13.11.2018, this Court has passed the following order :
“ At the request of learned counsel for the appellant, as a last chance, a week’s time is granted making it clear that in case of non-taking of steps by furnishing correct, complete and present address of the un-served respondent and process in the Registry within the said period, further orders would be passed in the matter in accordance with law, including the order of dismissal of the appeal.
List the matter in the next week.”
3. Inspite of the above order dated 13.11.2018, where it was made clear that the matter may be dismissed for not taking the steps, still, instead of dismissing the appeal, few more adjournments were granted even in the absence of learned counsel for the appellant to enable him to take necessary steps to ensure service of notice upon the respondent. Accordingly, the matter was again adjourned on 8.1.2019, 14.1.2019 and 17.1.2019. While adjourning the matter on those dates, it was made clear that, as a last chance, time was being granted. On 17.1.2019, this Court passed the following order :
“ None appear in the matter.
Inspite of granting time as a last chance for furnishing process fee and copy of the appeal memo to issue notice to the respondent, the appellant has not taken steps in this appeal of the year 2016.
However, considering to grant one more opportunity as an ultimate opportunity, two days time is granted.
If process fee is not paid, list this matter on 22.01.2019.
Despite which, when the matter is called today, there is no representation from the appellant side. Learned counsel for the appellant is not present.
4. Though generally a criminal appeal would not be dismissed for non-prosecution, but, it is not a case of appeal against judgment of conviction, but, it is an appeal filed by the complainant challenging the order of acquittal of the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881.
5. As observed above, inspite of granting sufficient adjournments and opportunities, the learned counsel for the appellant has constantly remained absent and appellant is not evincing any interest in prosecuting the matter. As such, it is a fit case which can be dismissed for non-prosecution.
Accordingly, the Appeal stands dismissed for non-prosecution.
Sd/- JUDGE bk/-