- 1 - NC: 2025:KHC:2423 CRL.A No. 1061 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. 1061 OF 2015 BETWEEN: MR.M. GNANENDRA AGED ABOUT 27 YEARS S/O LATE MUNIRAJU R/AT No.204, AMRUTHAHALLI SAHAKARA NAGAR POST BANGALORE – 560 092. …APPELLANT (BY SRI KUMAR K, ADVOCATE) AND: SMT. SUMITHRAMMA AGED ABOUT 49 YEARS W/O SUBRAMANYA RESIDING AT No.15 SRI LAXMI VENKATESHWARA NILAYA 4TH MAIN, SIDDI VINAYAKA LAYOUT VIRUPAKSHYA PURA, VIDYARANPURA POST BANGALORE – 560 097. …RESPONDENT (BY SRI. J T GIREESHA, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 25.7.2015 PASSED BY THE XVIII A.C.M.., BANGALORE IN C.C.No.29030/2011 - ACQUITTING THE APPELLANT FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2423 CRL.A No. 1061 of 2015 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 appellant side. 2. Learned counsel for the appellant is also absent on 21.12.2023, 06.02.2024 and 22.02.2024. This Court on 06.02.2024 has passed the following order: “Sri. Kumar.K, learned counsel for the appellant is absent. Sri. J.T.Gireesha, 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 21.12.2023 inspite of absence of both the counsel, time was granted and the matter was ordered to be listed after Winter Vacation-2023. The matter is listed today, however, today also there is no representation from both sides. - 3 - NC: 2025:KHC:2423 CRL.A No. 1061 of 2015 Under these circumstances, one more opportunity is given. List this matter next week.” 3. This Court on 22.02.2024 has passed the following order: “Sri Kumar K , learned counsel for the appellant and Sri J T Gireesha, learned counsel for the respondent absent. Due to absence of both the counsels, the matter could not be proceeded. This Court, by Order dated 06.02.2024, in spite of absence of both the counsels, adjourned the matter and the same is listed today. However, today, none of the counsels appear before the Court. One more opportunity is given as a last chance, failing which, further orders will follow. List the matter after two weeks.” 4. Considering the above aspect, inspite of granting sufficient opportunities, the appellant has not made any arrangements to argue this matter. It appears that, the appellant is not interested in prosecuting this matter. - 4 - NC: 2025:KHC:2423 CRL.A No. 1061 of 2015 5. Hence, the appeal is dismissed for non- prosecution. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 59