In this criminal appeal under Section 378 CrPC regarding a cheque dishonour case, the appellant's counsel reported the respondent's death. No death certificate was produced. The court noted the appeal abates upon death but kept the memo on record.
The appeal abates in the event of the death of the respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10TH DAY OF OCTOBER 2014
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL APPEAL No.565 OF 2008
BETWEEN:
K.V.Rajendra Guptha, Proprietor of Sri Lakshmi Venkateshwara Pan Brokers, near Bus Stand, Malur Town, represented by his P.A. Holer, Sri. Venkatasubbaiah, Son of Ramaiah Setty, Major.
…APPELLANT
(By Shri. Appi Reddy .V, Advocate)
AND:
V.M.Lingamurthy, Son of Late Venkatachari, Major, Lecturer, Government First Grade College, Malur Town, Kolar District.
…RESPONDENT
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(By Shri. K. Shrihari, Advocate)
This Criminal Appeal filed under Section 378(4) of the code of Criminal Procedure, 1973, by the advocate for the appellant praying to set aside the judgment and order dated 06.12.2007 passed by the I Additional Sessions Judge, Kolar in Criminal Appeal No.45/2007 and convict the respondent/accused for the offences under Section 138 of N.I.Act.
This appeal coming on for Final Hearing this day, the Court delivered the following:
JUDGMENT
The learned Counsel for the respondent files a memo to
state that instructions have been received from the Counsel
appearing for the respondent before the trial court, that the respondent is no more and he is said to have died recently. Though the matter stood adjourned on that footing, to enable the Counsel to produce a Death Certificate in proof of the death of the respondent, no such Death Certificate is produced.
However, the memo is placed on record. The appeal abates in the event of the death of the respondent. If however, it is found
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that the instructions received were incorrect, it is open for the
appellant to reopen the case.
Sd/- JUDGE
nv
1 issue framed by the court
Whether the criminal appeal survives when the respondent is reported deceased but no death certificate is produced.
1 provisions across 1 enactments
K.V.Rajendra Guptha
V.M.Lingamurthy
Anand Byrreddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
