In Criminal Appeal No.1052 of 2011, the appellant challenged an order under Section 374(2) Cr.P.C. Trial counsel submitted a memo stating the appellant was reported dead four years ago. The court accepted this submission and dismissed the appeal as abated.
The criminal appeal was dismissed as abated.
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 BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL APPEAL NO.1052 OF 2011
BETWEEN:
Sri H.K.Zamrudpasha S/o. Abdul Khuddus Aged about 57 years Garden House, Pouchkatte Huliyar Hobli Chikkanayakanahalli Taluk
...Appellant
(By Sri.M.Ashok Kumar and Sri. Divakar Maddur, Advocates Appeared through physical hearing)
AND:
M.G.Nagaprasad S/o. Gopalapadmanabha Shetty Aged about 55 years R/at. Gandhipet Huliyar Town Chikkanayakanahalli Taluk
…Respondent
(By Sri.M.Vinayakeerthi, Advocate Appeared through physical hearing)
This criminal appeal is filed under Section 374(2) of Cr.P.C., praying to set aside the order dt:14.9.2011 passed by the P.O., FTC, Tiptur in Crl.A.No.26/10 –
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convicting the appellant/accused for the offences p/u/s 138 of N.I.Act and the appellant/accused is sentenced to undergo S.I., for one year and shall also liable to pay fine of Rs.3,30,000/-, in default of payment of fine, he is directed to undergo S.I., for further period of one month for the offence p/u/s 138 of N.I.Act.,
This appeal Coming on for hearing this day, the Court delivered the following:
JUDGMENT
Learned counsel for the appellant submits that the
accused is reported to be dead four years ago and to that
effect he has filed a memo dated 03.11.2020.
appeal is dismissed as abated.
Sd/JUDGE
HJ
1 issue framed by the court
Whether the criminal appeal should be allowed given the appellant's claim of death reported four years ago.
2 provisions across 2 enactments
Sri H.K.Zamrudpasha S/o. Abdul Khuddus
M.G.Nagaprasad S/o. Gopalapadmanabha Shetty
N.K. Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
