- 1 - NC: 2025:KHC:5967 CRL.A No. 860 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 860 OF 2015 BETWEEN: SRI. K. NAGARAJ S/O LATE KOTA KRISHNAIAH SETTY AGED ABOUT 60 YEARS RESIDING AT NO.29/1, 5TH MAIN 5TH CROSS, S.R.NAGAR BENGALURU-560 027 …APPELLANT (BY SRI. M.B. CHANDRACHOODA, ADVOCATE – [ABSENT]) AND: MR. H. PUNITH PURTHY S/O HERBANSLAL AGED 38 YEARS PROPRIETOR: M/S CELL POINT OFFICE AT NO. 49/1, 4TH MAIN ROAD NEHRUNAGAR, SHESHADRIPURAM BENGALURU-560 020 SHOWROOM AT NO. 825 "DAS COMMERCIAL COMPLEX" SHOP NOS. 9 & 10, 7TH BLOCK NEAR J.S.S CIRCLE KANAKAPURA ROAD, JAYANAGAR BENGALURU-560 082 RESIDING AT NO. 31, 4TH MAIN ROAD NEHRU NAGAR, SHESHADRIPURAM BENGALURU-560 020 …RESPONDENT (BY SRI. N. KRISHNAPPAN, ADVOCATE) Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5967 CRL.A No. 860 of 2015 THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:18.6.2015 PASSED BY THE XV ACMM, BENGALURU CITY, IN C.C.NO.14203/2009 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The respondent is present. 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 31.01.2024 and 21.02.2024. On 21.02.2024, this Court has passed the following order: “Sri M.B.Chandrachooda, learned counsel for the appellant is absent. Sri N.Krishnappan, learned counsel for the respondent is absent. Due to absence of both the counsel, the matter could not be proceeded. This Court by order dated 31.01.2024, inspite of absence of both the counsel, time was granted and the matter is listed today. However, today also there is no any representation on both sides. One - 3 - NC: 2025:KHC:5967 CRL.A No. 860 of 2015 more opportunity is given as a last chance, failing which, further order will be passed. List the matter after two weeks”. 2. 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.: 61