The Criminal Appeal was disposed of as abated because the Respondent/Accused was no longer alive, evidenced by a produced death certificate.
The appeal is 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 22ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.246 OF 2020
BETWEEN:
SRI. M. HEMANTH KUMAR S/O MANJUNATH N., AGED ABOUT 36 YEARS, R/AT 'GUTTI NILAYA', N.T. ROAD, NEW MANDLI, SHIVAMOGGA - 277 202.
...COMPLAINANT/ APPELLANT
(BY SRI. VENUGOPAL M.S., ADVOCATE)
AND
SRI. L.R. JAYAPPA S/O RUDRAPPA, AGED ABOUT 55 YEARS, EMPLOYEE AT K.P.T.C.L., BACK SIDE OF J.N.N.C. ENGINEERING COLLEGE, NAVULE, SHIVAMOGGA - 577 204.
... ACCUSED/ RESPONDENT
THIS CRIMINAL APPEAL FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER OF ACQUITTAL DATED 18.07.2019 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC AT SHIVAMOGGA IN C.C. NO.2337/2018 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF 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
Learned counsel for the appellant present.
The police report states that the respondent is no
more. Copy of the Death certificate is also produced.
In view of the same, appeal abates.
Sd/JUDGE
LL
Sri. M. Hemanth Kumar
Sri. L.R. Jayappa
J.M. Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
