- 1 - NC: 2025:KHC:5848 CRL.A No. 160 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 160 OF 2015 BETWEEN: SMT SHOBHA K D/O LATE KRISHNEGOWDA AGED ABOUT 30 YEARS R/A SHIVAPPA EXTENSION PERIYAPATNA TOWN MYSORE DISTRICT-571 107 …APPELLANT (BY SRI. B ROOPESHA AND SRI M.K. SANDEEP, ADVOCATES -ABSENT) AND: AZAGAR PASHA S/O LATE MOHAMMED MUSTHAF AGED ABOUT 48 YEARS R/A BYLAKUPPE VILLAGE HARANAHALLI HOBLI PERIYAPATNA TALUK MYSORE DISTRICT-571 104 …RESPONDENT RESPONDENT IS SERVED AND UNREPRESENTED THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:2.8.2013, PASSED BY THE CIVIL JUDGE & JMFC, PERIYAPATNA, IN C.C.NO.69/2012 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5848 CRL.A No. 160 of 2015 CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the appellant is absent. There is no representation on the appellant side. 2. Learned counsel for the appellant was also absent on 18.12.2023, 17.01.2025 and 13.02.2024. 3. This Court on 13.02.2024 has passed the following order. “Sri. B. Roopesha, learned counsel for the appellant, is absent. Sri. Azagar Pasha, the learned counsel for the respondent, is present. Due to absence of the learned counsel for the appellant, the matter could not be proceeded with. It is borne-out from the order sheet that, this Court vide order dated 17.01.2024, in spite of absence of the counsel for appellant, has granted time and as such, the matter is listed today. Even today there is no representation for the appellant. However, in the interest of justice, as a last chance, one more opportunity is given to the counsel for appellant to proceed with the matter. List the matter next week, finally.” - 3 - NC: 2025:KHC:5848 CRL.A No. 160 of 2015 4. The appeal is of the year 2015. Inspite of granting sufficient opportunity, learned counsel for the appellant is not present to argue this matter. It appears that the appellant is not interested in prosecuting this matter. 5. Hence, the appeal is dismissed for non- prosecution. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 51