IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE B.A. PATIL CRIMINAL APPEAL NO.331/2019 Between:
Mr. Venugopal S Aged about 53 years Residing at No.35/39 “lakshmi”, Shankara Park Shankarpuram Bangalore. … Appellant (By Sri Shridhara K., Advocate) And:
Mr. C. Vijendra Pai Consumer Securities Pvt. Ltd., No.301, 2nd floor 652/68, 11th main IV Block, Jayanagar Bengaluru – 560 011.
And also resident of No.433/A, Vamana Krupa 5th Cross, 7th Block Jayanagar Bengaluru – 560 082. Presently residing at C. Vijendra Pai Manju Radha Tower 1st floor, near Taluk Office Udupi, South Canara. …Respondent This Criminal Appeal is filed under Section 374 R/w 401 of Cr.P.C. prays to set aside the impugned order of dismissal for non-prosecution in Crl. RP No.674/2017 dated 27.12.2018 passed by the Principal City Civil and Sessions Judge, Bangalore and restore the above case to its original position by allowing this Crl.A.
This Criminal Appeal coming on for Orders this day, the Court delivered the following:
J U D G M E N T The present appeal has been preferred by the appellant/complainant against the order of dismissal of complaint for non-prosecution on 27.12.2018.
2. Though the sufficient time has been granted, office objections have not been complied against the order of dismissal of complaint. No doubt, it is for acquittal of the accused and against the order of the acquittal, the appeal lies to the learned District and Sessions Judge, Bangalore and in that light, the present appeal is not maintainable before this Court.
The appeal is dismissed as not maintainable with liberty to file the appeal before the learned Principal City Civil and Sessions Judge, Bengaluru in accordance with law.
Sd/-
JUDGE nms