Criminal appeal in cheque dishonour case dismissed as respondent died during pendency; appeal abated. High Court accepted death certificate evidencing death, leading to automatic abatement of proceedings without substantive hearing on merits.
Appeal dismissed as respondent died during pendency; appeal 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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1563 OF 2018
BETWEEN:
SMT. KRISHNAKUMARI W/O MALIKARJUNA SHETTY S.G., AGED ABOUT 62 YEARS, RESIDING AT NO.551/96 1ST FLOOR, 3RD CROSS MANJUNATH NAGARA, CHANNAPATNA TOWN.
... COMPLAINANT/ APPELLANT
(BY SRI. SHIRISH KRISHNA, ADVOCATE)
AND
SRI. VENKATARANGAIAH T. S/O LATE THIMMAIAH, AGED ABOUT 59 YEARS, RESIDING AT NO.576/96, 1ST FLOOR, NARAYANAGOWDA BEEDI KOTE, CHANNAPATNA TOWN.
... ACCUSED/ RESPONDENT
THIS CRIMINAL APPEAL FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 25.06.2018 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, CHANNAPATNA IN C.C. NO.778/2013 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 ON N.I ACT.
2
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is against the acquittal of respondent for offence punishable under Section 138 of N.I. Act.
Notice sent to the respondent returned with an endorsement that the respondent has died on 27.08.2022. Death certificate is also produced.
In view of the same, appeal abates.
Sd/JUDGE
LL
2 provisions across 2 enactments
SMT. KRISHNAKUMARI W/O MALIKARJUNA SHETTY S.G.
SRI. VENKATARANGAIAH T.
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
