- 1 - NC: 2025:KHC:3467 CRL.A No. 392 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 392 OF 2015 BETWEEN: SRI D K RAMAKRISHNA S/O KARI GOWDA AGED ABOUT 45 YEARS RESIDING AT No.22 3RD A CROSS SATHYANARAYANA LAYOUT J.C.NAGAR, KURUBARAHALLI MAHALAKSHMIPURAM BENGALURU – 560 086. …APPELLANT (BY SRI SRINIVAS R, ADVOCATE – ABSENT) AND: RAMALINGAIAH S/O NOT KNOWN TO THE APPELLANT AGED ABOUT 56 YEARS PROPRIETOR OF VIJAYASHREE BAR & RESTAURANT No.60/61, KIADB ROAD CHOKKASANDRA, T.DASARAHALLI BENGALURU – 560 057. ALSO AT: RAMALINGAIAH R/AT No.917, PRASANNA NILAYA K.C.LAYOUT, T.DASARAHALLI BENGALURU – 560 057. …RESPONDENT (BY SRI RAJA K P, ADVOCATE FOR SRI M PARTHA, ADVOCATE) Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3467 CRL.A No. 392 of 2015 THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 23.2.2015 PASSED BY THE XIX A.C.M.M., BANGALORE CITY IN C.C.No.13034/2009-ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT 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 appellant is absent. There is no representation on the appellant’s side. Learned counsel for the appellant was also absent on 19.12.2023, 29.01.2024 and 19.02.2024 On 19.02.2024, the Court has passed the following order; "Sri Srinivas.R, learned counsel for the appellant is absent. Sri Mrutyunjaya.H, learned counsel representing Sri M.Parth, learned counsel for the respondent is present. Due to absence of learned counsel for the appellant, the matter could not be proceeded. This Court by order dated 29.01.2024, inspite of absence of learned counsel for the appellant, time - 3 - NC: 2025:KHC:3467 CRL.A No. 392 of 2015 was granted and the matter was adjourned. The matter is listed today. However, today also there is no representation inspite of giving such opportunity to the learned counsel for the appellant. One more opportunity is given as a last chance, failing which, further order will be passed. List the matter after two weeks.” Considering the above aspects, it appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non prosecution. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE GH List No.: 1 Sl No.: 58