IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.110 OF 2015 BETWEEN:
Yelahanka Merchants Finance Co, By Pass, B.B.Road, Yelahanka, Bengaluru-560 064, Represented by its Manager And G.P.A. Holder, Smt. Girija W/o. Garudappa. ...Appellant (By Sri. M.Subramani, Advocate) AND:
S.Babu S/o. Chinnakani, Aged about 36 years, Babau Traders, No.43/B, 5/1, 2nd Cross, 6th Main Road, Yeshwanthpur, Bengaluru-560 022. ...Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the order dated:02.12.2014, passed by the XVIII ACMM and XX ASCJ, Bengaluru City, in C.C.No.20440/2007 – acquitting the respondent/accused for the offence punishable under Section 138 of N.I.Act.
This Appeal coming on for Orders, this day, the Court made the following:
ORDER Called again in the third round in the afternoon.
None appear for the appellant in this matter.
2. A perusal of the order sheet would go to show that in this matter of the year 2015, the appellant has not taken fresh steps to ensure service of notice upon the respondent. Noticing the same, this Court on 15.11.2018, as a final opportunity a week’s time was granted to the appellant to do the needful, despite which, the appellant has not taken fresh steps. Once again on 20.12.2018, one more adjournment was granted even in the absence of the learned counsel for the appellant to furnish FPF., etc., despite which the appellant has not taken fresh steps and not evincing any interest in prosecuting the matter, as such, it is a fit case where the appeal could be dismissed for not taking steps.
Accordingly, the appeal is dismissed for not taking the steps.
Sd/- JUDGE GH