- 1 - NC: 2025:KHC:2804 CRL.A No. 395 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 395 OF 2013 BETWEEN: SRI B H KUMAR S/O LATE N HANUMANTEGOWDA AGED ABOUT 42 YEARS RESIDING AT NADUVALAKOTE BEHIND BYATARAYASWAMY TEMPLE TURVEKERE – 572 227. …APPELLANT (BY SRI LOKESH K S, ADVOCATE FOR SRI M G SRINIVAS, ADVOCATE - ABSENT) AND: SRI SRINIVAS AGED ABOUT 32 YEARS S/O HUCHAPPA RESIDING AT SOOLEKERE KASABA HOBLI KODAGIHALLI POST TURVEKERE TALUK – 572 227. TUMKUR DISTRICT. …RESPONDENT (BY SRI T PRAKASH, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 13.09.2012 PASSED BY THE P.O., F.T.C., TIPTUR IN CRL.A.No.43/2011 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT - CONFIRM THE Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2804 CRL.A No. 395 of 2013 JUDGMENT DATED 21.04.2011 PASSED BY THE C.J. AND J.M.F.C., TURUVEKERE IN C.C.No.231/2009 AND ETC., THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the respondent is present. Learned counsel for the appellant is absent. This Court, on 24.02.2023 has passed the following order; “It is seen that the learned counsel appearing on behalf of the appellant has been elevated as Judge, High Court of Karnataka and the name of Mr.Lokesh K S, who has jointly signed the vakalath on behalf of the appellant is shown in the cause list as representing the appellant. Proxy appearing on behalf of Sri Lokesh K S., learned counsel submits that Sri Lokesh N S., learned counsel will not appear for appellant and requests to issue Court notice to the appellant. Therefore, issue notice to the appellant.” - 3 - NC: 2025:KHC:2804 CRL.A No. 395 of 2013 Pursuant to the said order, the Court notice was issued to the appellant and the same was served on the appellant on 29.03.2023. Thereafter, the appellant has not made arrangements to engage the counsel to argue the appeal. Thereafter, the matter came to be listed on 25.10.2024. On that day, there was no representation for the appellant. Thereafter, the appeal came to be listed on 09.01.2025. On that day also, there was no representation for the appellant. Considering all these aspects, it appears that the appellant has no interest in prosecuting the appeal. Hence, the appeal is dismissed for non prosecution. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE GH List No.: 1 Sl No.: 51