- 1 - CRL.A No. 1839 of 2021 NC: 2024:KHC:1777 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.1839 OF 2021 BETWEEN: SRI K SHRIKANTHA RAO S/O LATE K HARIRAMAKRISHNA RAO, AGED ABOUT 69 YEARS, RESIDING AT KAIVALYA NO.3/1 2ND MAIN ROAD, 4TH BLOCK, THYAGARAJANAGAR BENGALURU - 560 028 REP BY HIS GPA HOLDER SRI V BALAKRISHNA RAO S/O LATE R VENKATA RAO RESIDING AT NO.75, RESHMENAGAR ADITHYA EXTENSION OF KANAKAPURA ROAD BENGALURU - 560 062 …APPELLANT (BY SRI. MITHUN G A, ADVOCATE) AND: SRI M RAGHAVENDRA RAO MDigitally signed by S/O LATE NARAYANA RAO, REKHA R AGED ABOUT 71 YEARS, Location: High R/AT MANANJE HOUSE, KAMALASHILE,Court of Karnataka KUNDAPUR TALUK, UDUPI DISTRICT …RESPONDENT THIS CRL.A. IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 28.09.2021 PASSED BY THE LEARNED LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-56) IN CRL.A.NO.2285/2019 AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, 1881, BY ALLOWING THE ABOVE CRIMINAL APPEAL; AND b) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMED FIT TO GRANT - 2 - CRL.A No. 1839 of 2021 NC: 2024:KHC:1777 UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT

Learned counsel for appellant seek for short accommodation. 2. Vide order dated 15.09.2022, a conditional order was passed granting two days time to remove the office objections, failing which the appeal shall stand dismissed automatically. 3. The matter is coming for 5th time for non compliance of office objections. Despite granting several adjournments, the office objections are not complied with. It appears appellant is not interested in prosecuting the appeal. Hence, appeal is dismissed for default. Sd/- JUDGE RR List No.: 1 Sl No.: 26

- 1 - CRL.A No. 1839 of 2021 NC: 2024:KHC:1777 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.1839 OF 2021 BETWEEN: SRI K SHRIKANTHA RAO S/O LATE K HARIRAMAKRISHNA RAO, AGED ABOUT 69 YEARS, RESIDING AT KAIVALYA NO.3/1 2ND MAIN ROAD, 4TH BLOCK, THYAGARAJANAGAR BENGALURU - 560 028 REP BY HIS GPA HOLDER SRI V BALAKRISHNA RAO S/O LATE R VENKATA RAO RESIDING AT NO.75, RESHMENAGAR ADITHYA EXTENSION OF KANAKAPURA ROAD BENGALURU - 560 062 …APPELLANT (BY SRI. MITHUN G A, ADVOCATE) AND: SRI M RAGHAVENDRA RAO MDigitally signed by S/O LATE NARAYANA RAO, REKHA R AGED ABOUT 71 YEARS, Location: High R/AT MANANJE HOUSE, KAMALASHILE,Court of Karnataka KUNDAPUR TALUK, UDUPI DISTRICT …RESPONDENT THIS CRL.A. IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 28.09.2021 PASSED BY THE LEARNED LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-56) IN CRL.A.NO.2285/2019 AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT, 1881, BY ALLOWING THE ABOVE CRIMINAL APPEAL; AND b) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMED FIT TO GRANT - 2 - CRL.A No. 1839 of 2021 NC: 2024:KHC:1777 UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT

Learned counsel for appellant seek for short accommodation. 2. Vide order dated 15.09.2022, a conditional order was passed granting two days time to remove the office objections, failing which the appeal shall stand dismissed automatically. 3. The matter is coming for 5th time for non compliance of office objections. Despite granting several adjournments, the office objections are not complied with. It appears appellant is not interested in prosecuting the appeal. Hence, appeal is dismissed for default. Sd/- JUDGE RR List No.: 1 Sl No.: 26