IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B. PRABHAKARA SASTRY CRIMINAL APPEAL NO.123/2015 BETWEEN:
YELAHANKA MERCHANTS FINANCE CO. BY PASS, B.B. ROAD, YELAHANKA, BANGALORE-560064.
REPRESENTED BY ITS MANAGER AND GPA HOLDER, SMT. GIRIJA, W/O GARUDAPPA, (BY SRI. M. SUBRAMNI, ADVOCATE) AND:
UMESH. N.
S/O NANJUNDAPPA, AGED ABOUT 42 YEARS, SHIVA MOTORS, B.B. ROAD, YELAHANKA, BANGALORE-560064.
**** … APPELLANT …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 23.07.2014, PASSED BY THE XVIII ACMM AND XX ASCJ, BANGALORE, IN C.C. NO.15900/2006 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:-
O R D E R Learned counsel for the appellant submits that despite his best efforts, he could not trace the correct, complete and present address of the respondent to ensure service of notice upon him.
2. Though the learned counsel for the appellant submits that he would not press the appeal, however liberty may be granted to him to proceed further in accordance with law, the Court observes that for anyone to proceed further in accordance with law, such liberty is not required to be specially granted.
In view of the submission of the learned counsel for the appellant that the appellant could not able to get the correct, complete and current address of the respondent to ensure service of notice upon him, the appeal stands dismissed for not taking steps.
Sd/- JUDGE Gss/-