IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 283 OF 2015 BETWEEN:

R VITTOBA RAO S/O NAGENDRAPPA AGED ABOUT 63 YEARS RETIRED H P F EMPLOYEE RESIDENT OF DODDI STREET HARIHAR-577601 DAVANAGERE DISTRICT.

DEAD BY LRS

1. (A) SMT KOWSALYA BAI W/O LATE R.VITTOBARAO AGED ABOUT 61 YEARS (B) RAGHAVENDRA V.R.

S/O. LATE. R. VITTOBARAO, Digitally signed by AGED ABOUT 40 YEARS, HEMAVATHY GANGABYRAPPA Location: HIGH COURT (C) SANTHOSH KUMAR V.R.

OF KARNATAKA S/O. LATE R. VITTOBARAO, AGED ABOUT 32 YEARS, (D) SMT. JYOTHSNA W/O. GANESHAPPA, D/O. LATE VITTOBARAO, AGED ABOUT 44 YEARS, ALL ARE RESIDENTS OF #522 C, REGAL SWEET UPSTAIRS, DODDIBEEDI, HARIHAR-577601.

(CAUSE TITLE AMENDED AS PER V.C.O.

DT.21.07.2016)

…APPELLANTS (BY SRI. K S SRIDHARA MURTHY .,ADVOCATE FOR A-1 (A-D))

AND:

KARIBASAPPA G EMMERA S/O GURUSHANTHAPPA EMMERA AGED ABOUT 61 YEARS RETIRED HPF EMPLOYEE RESIDENT OF VINAYAKANAGAR KODIYAL HOSPET KUMARAPATNAM POST-588115 RANEBENNUR TALUKA HAVERI DISTRICT …RESPONDENT (BY SRI. K S VENKATARAMANA.,ADVOCATE)

THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:8.1.2015, PASSED BY THE HON'BLE PRL.CIVIL JUDGE & JMFC, HARIHAR, IN C.C.NO.228/2008 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

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 respondent is present through video conference.

2. Learned counsel for appellant is absent. There is no representation on the appellant side.

3. Learned counsel for the appellant was also absent on 18.12.2023, 17.01.2024 and 12.02.2024.

4. On 12.02.2024 this Court 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 17.01.2024, inspite of absence of both the counsel, the matter was adjourned and listed today for final hearing. However, inspite of giving such opportunity, both the counsel remained absent. One more opportunity is given, failing which, further order will be passed.

List the matter next week”

5. The appeal is of the year 2015. Inspite of granting sufficient opportunity, learned counsel for the appellant is not present to argue this matter. It appears that the appellant is not interested in prosecuting the matter.

6. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

(SHIVASHANKAR AMARANNAVAR)

JUDGE DSP List No.: 1 Sl No.: 50