In this criminal appeal filed by a deceased appellant against an acquittal order, the High Court of Karnataka found no steps taken within the granted time limit and dismissed the appeal.
The appeal is dismissed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1251 OF 2012 (A)
BETWEEN:
…APPELLANT
(BY SRI. R B DESHPANDE, ADVOCATE)
AND:
Digitally signed by SANDHYA S Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. SHAMS AHMED PATHAN, ADVOCATE)
NC: 2023:KHC:38437 CRL.A No.1251 of 2012
CRL.A. FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 11.09.2012 PASSED BY THE J.M.F.C.-II COURT, SHIMOGA IN C.C.NO.4020/2009 (460/2000)ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT; I.A.NO.1/2012 FOR SPECIAL LEAVE.I.A.NO.1/2012 FILED BY THE ADV. FOR THE APPELLANT PRAYING TO GRANT SPECIAL LEAVE TO FILE AN APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 11.09.2012 PASSED BY THE J.M.F.C.-II COURT, SHIMOGA IN C.C.NO.4020/2009 (460/2000) FOR THE REASONS STATED THEREIN.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Case called out. None appears.
Perusal of order sheet dated 25th July, 2023 reveals that on 07th March, 2023, learned Counsel for the Appellant submitted that the appellant is no more. On 09th June, 2023, the death of respondent No.2 is reported and the case against respondent No.2 is already abated.
Considering all these facts, this Court passed order on 25th July, 2023 as under:
" On 07.03.2023, learned counsel for the appellant submitted that appellant is no more.
On 09.06.2023, the death of respondent No.2 is reported.
At the request of learned counsel for appellant, as
a last chance, three weeks time is granted to do the needful.
If necessary steps are not taken on the next date of hearing, necessary orders would be passed for dismissal of the appeal. "
No steps taken as on today.
Hence appeal is dismissed.
Sd/JUDGE
LNN List No.: 1 Sl No.: 51
J R Anantharaman
Mohammed Illiyas Ahamed
N S Sanaulla
G Basavaraja
As recorded by the court registry
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