SRI. VIKAS B. KUKREJA v. SMT MALINI SUBRAMANYAM

MRS. P.V. KUKREJA, W/O SRI. VIKAS B. KUKREJA, AGED ABOUT YEARS R/AT NO.19/1, KSD COMPLEX, CSI COMPOUND, NEXT TO J.K. TYRE GODOWN, UNITY BUILDING, J.C. ROAD, BANGALORE. BY HER POWER OF ATTORNEY SRI. BIHARI K KUKREJA, AGED ABOUT 69 YEARS S/O LATE KISHANDAR KUKREJA #236, 18TH CROSS, SADASHIVANAGAR BANGALORE - 560 080 (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE (ABSENT)) …APPELLANT SWAPNA V Location: high court of karnataka AND: SMT MALINI SUBRAMANYAM, W/O SUBRAMANYAM, MANAGING DIRECTOR, M/S. SYNERGY IMAGES PRIVATE LTD., NO.839, 'A' BLOCK, SAHAKARANAGAR, BANGALORE - 560 092. (BY SRI. VISHNU HEDGE, ADVOCATE (ABSENT)) …RESPONDENT - 2 - NC: 2024:KHC:32751 CRL.A No. 964 of 2012 C/W CRL.A No. 963 of 2012 THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DT.21.7.2012 PASSED BY THE XIII ACMM., BANGALORE IN C.C.NO.36324/2010- ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. CRL.P.963/2012 BETWEEN: SRI. VIKAS B. KUKREJA S/O SRI. BIHARILAL KUKREJA, AGED ABOUT YEARS, R/AT NO.19/1, KSD COMPLEX, CSI COMPOUND, NEXT TO J.K. TYRE GOWDOWN, UNITY BUILDING, J.C. ROAD, BANGALORE. BY HIS POWER OF ATTORNEY, SRI. BIHARI K KUKREJA AGED ABOUT 69 YEARS S/O LATE KISHANDAR KUKREJA # 236, 18TH CROSS, SADASHIVANAGAR, BANGALORE - 560 080. (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE (ABSENT)) …APPELLANT AND: SMT MALINI SUBRAMANYAM, W/O SUBRAMANYAM, MANAGING DIRECTOR, M/S. SYNERGY IMAGES PRIVATE LTD., NO.839, 'A' BLOCK, SAHAKARANAGAR, BANGALORE - 560 092. (BY SRI. VISHNU HEDGE, ADVOCATE (ABSENT)) …RESPONDENT THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND SENTENCE DT.21.7.2012 PASSED BY THE XIII ACMM., BANGALORE IN C.C.NO.36323/2010- - 3 - NC: 2024:KHC:32751 CRL.A No. 964 of 2012 C/W CRL.A No. 963 of 2012 ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THESE CRIMINAL APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL JUDGMENT Learned counsel the appellant is absent. No representation. As per order dated 11.07.2023, learned counsel for the appellant had submitted that the Power of Attorney holder for the appellant is no more and he wants to file affidavit of the appellant and sought for two weeks time. On 03.08.2023, again time was granted at the request of learned counsel for the appellant. Order sheet dated 08.08.2023 reads as under:

#1. As a last chance, to file the affidavit of the appellant, these matters on

17.08.2023.

#2. In case, if the affidavit along with the death certificate of the Power of Attorney holder is not furnished or submitted on the said date, the Criminal Appeals stand - 4 - NC: 2024:KHC:32751 CRL.A No. 964 of 2012 C/W CRL.A No. 963 of 2012 dismissed for non-compliance of order of this Court. In spite of that neither any affidavit is filed nor learned counsel for the appellant is present. It appears that the appellant is not interested in prosecuting the appeal. Hence, the appeal is dismissed as suggested in the order dated 08.08.2023 for non compliance of the order of the Court. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 8