IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1135 OF 2010 BETWEEN:
Syed Babu, S/o. Syed Ameer Saab, Aged about 32 years, Residing at Shahi Masjid Road, Pension Mohalla, Hassan. ...Appellant (By Sri. M.N.Ningaraju, Advocate) AND:
1. State by Alur Police, Hassan District.
2. B.S.Bhuvanesh S/o. H.T.Srinivas, Aged about 34 years, Driver of KSRTC Bus No.KA-13-F-999, Badge No.1656, Residing at Gavenahalli Extn, Hassan Taluk & District. ...Respondents (By Sri. Sathyanarayana P. Hegade, Advocate for R-2; Sri. Divakar Maddur, HCGP for R-1) This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the judgment dated:20.01.2009 passed by the C.J. (Jr.Dn.) & JMFC, Alur in C.C.No.771/07 – acquitting the respondent/accused for the offence punishable under Section 279, 337, 338 of IPC.
This Appeal coming on for Hearing, this day, the Court made the following:
ORDER Called the matter in the evening in the second round. Neither learned counsel for the appellant was present nor the learned counsel for the respondents.
2. The complainant has filed this appeal challenging acquittal of the respondent No.2 for the offences punishable under Sections 279, 337, and 338 of IPC. The present appeal is of the year 2010 and a perusal of the order sheet got to show that when the matter was taken up on 07.12.2018, 04.01.2019, 23.01.2019, 24.01.2019, learned counsel for the appellant was absent, as such, the matter could not be proceeded. Thus, despite giving sufficient opportunities, the appellant is not evincing interest in prosecuting the matter.
3. Though normally, a criminal appeal would not be dismissed for non prosecution, but, in the instant case, the present appeal is not against the judgment of conviction, but, it is the complainant challenging acquittal of the present respondent for the offence punishable under Section 138 of the Negotiable Instruments Act.
4. For the reasons shown above and in view of the fact that the appellant is not evincing any interest in prosecuting the matter which is of the year 2010, it has to be necessarily held that the appellant is not prosecuting the matter.
Accordingly, the appeal stands dismissed.
Sd/- JUDGE GH