- 1 - NC: 2025:KHC-D:5987 CRL.A No. 100381 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100381 OF 2017 BETWEEN: VIRUPAXI S/O. GANGAPPA TALWAI, AGE: 71 YEARS, OCC: RETIRED BANK MANAGER, R/O: VIVEKANAND NAGAR, P.B. ROAD, DHARWAD. …APPELLANT (BY SRI. SURESH N. NAVALGUND, ADVOCATE (ABSENT)) AND: ANIL KOLLA, AGE: MAJOR, OCC: SERVICE, R/O: STATE BANK OF INDIA, GANDHINAGAR BRANCH, DHARWAD, NOW AT: KETTANGERI LAYOUT BRANCH, MANDYA, DIST: MANDYA - 571404. …RESPONDENT (BY SRI. C. V. ANGADI, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED 18.09.2015 PASSED BY THE III ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, DHARWAD IN C.C.NO. 167 OF 2013 AND ALLOW THIS APPEAL BY CONVICTING THE RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, WITH COSTS THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5987 CRL.A No. 100381 of 2017 ORAL ORDER Learned counsel for the respondent is present. Learned counsel for the appellant is absent. Learned counsel for the appellant was also absent on 05.08.2024, 02.09.2024, 20.03.2025 and 27.03.2025. On 27.03.2025, this Court has passed the following order: “Learned counsel for the appellant is absent. There is no representation on the appellant side. The appeal is of the year 2017. Learned counsel for the appellant was also absent on 20.03.2025. There are no grounds for adjournment. However, to give one more opportunity, the matter is adjourned. List this matter on 03.04.2025.” Inspite of granting sufficient time, learned counsel for the appellant has not appeared, it appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed for non-prosecution. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 24