- 1 - NC: 2025:KHC:2425 CRL.A No. 851 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 851 OF 2015 BETWEEN: HARISH C V S/O VARADARAJ AGED ABOUT 37 YEARS R/O UPPER PET, KOPPA TALUK CHIKMAGALUR DISTRICT-577 101 …APPELLANT (BY SRI CHALUVARAJU B C, ADVOCATE - ABSENT) AND: SURESH K M S/O MAHABALA AGED ABOUT 36 YEARS R/O KARBYLE, MELKOPPA POST KOPPA TALUK CHIKMAGALUR DISTRICT-577 101. …RESPONDENT (BY SRI. V N JAGADEESH, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE ORDER DATED 15.06.2015 PASSED BY THE PRL. SESSIONS JUDGE, CHICKAMAGALURU, IN CRL.A.NO.99/2009 AND ORDER DATED 09.02.2009 PASSED BY THE JMFC, KOPPA, IN C.C.No.402/2007 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC., Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2425 CRL.A No. 851 of 2015 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 appellant side. 2. Learned counsel for the appellant is also absent on 20.12.2023, 30.01.2024 and 19.02.2024. This Court on 19.02.2024 has passed the following order: “Both the counsel called out, absent. Due to absence of both counsel, the matter could not be proceeded. This Court by order dated 30.01.2024, inspite of absence of both the counsel, the matter was adjourned and listed today. However, today also there is no representation from both the sides. One more opportunity is given as a last chance. List the matter after two weeks. 4. Considering the above aspect, it appears that, the appellant is not interested in prosecuting this matter. - 3 - NC: 2025:KHC:2425 CRL.A No. 851 of 2015 5. Hence, the appeal is dismissed for non- prosecution. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 56