- 1 - HC-KAR NC: 2025:KHC-K:3452 CRL.A No. 200344 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL APPEAL NO. 200344 OF 2024 (378(Cr.PC)/419(BNSS)) BETWEEN: SHAKEELAHMED S/O ABDULRAZAK SINDAGIKAR, AGE:49 YEARS, OCC:PRIVATE SERVICE, R/O. C/O. BASAVARAJ NANASAHEB WALIKAR, MANAS RESIDENCY, DARGA ROAD, VIJAYAPURA. …APPELLANT (BY SRI. SHIVASHANKAR H. MANUR, ADVOCATE) AND: SMT. SUMANGALA S. PATIL, AGE:45 YEARS, OCC:HOUSEHOLD WORK AND BUSINESS, R/O. NEAR AYYAPPA SWAMI TEMPLE, TREASURY COLONY, TAKKE ROAD, VIJAYAPURA …RESPONDENT THIS CRL.A. IS FILED UNDER SECTION 419(4) OF BNSS PRAYING TO A) CALL FOR RECORDS IN CRIMINAL APPEAL NO. 46/2019 ON THE FILE OF THE IV ADDITIONAL SESSIONS JUDGE, VIJAYAPUR AND IN CRIMINAL CASE NO.2244/2013 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE & J.M.F.C., Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3452 CRL.A No. 200344 of 2024 VIJAYAPURA. B) TO SET ASIDE THE JUDGMENT AND ORDER DATED 16.10.2021 PASSED BY THE III ADDITIONAL SESSIONS JUDGE, VIJAYAPUR IN CRIMINAL APPEAL NO.46/2019 AND PLEASED TO CONFIRMED THE JUDGMENT & ORDER DATED 14.06.2019 PASSED BY THE I ADDITIONAL CIVIL JUDGE & J.M.F.C., VIJAYAPURA IN CRIMINAL CASE NO.2244/2013. C) TO CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. D) PASS SUCH OTHER ORDER OR ORDERS AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE V SRISHANANDA) 1. None appears for the appellant. 2. The petition came to be filed on 29.11.2024. Office has raised ten objections. Only few office objections have been cured by the counsel for the appellant and thereafter, there is no representation on behalf of the appellant. 3. Office note shows that, still four to five objections are to be cured. - 3 - HC-KAR NC: 2025:KHC-K:3452 CRL.A No. 200344 of 2024 4. This Court in the interest of justice imposed costs and directed the appellant to cure the office objections. 5. Despite granting sufficient time, learned counsel for the petitioner failed to cure the office objections. 6. Accordingly, the appeal stands dismissed for non- prosecution. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 3 CT:PK