Appeal filed under Section 378(4) CrPC challenging acquittal for cheque dishonour. Court dismissed appeals recording that appellant died and no legal representative was brought on record.
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.
NC: 2023:KHC:43024 CRL.A No. 185 of 2014 C/W CRL.A No. 186 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 185 OF 2014
C/W
CRIMINAL APPEAL NO. 186 OF 2014
IN CRL.A. NO.185/2014
BETWEEN:
HANUMANTHE GOWDA, S/O LATE MUNIHANUME GOWDA, AGED ABOUT 60 YEARS, RESIDING AT NO. 59, GOWDARA COLONY, NAGASHETTY HALLI, R.M.V. II STAGE, BANGALORE - 560 094.
…APPELLANT
(BY SRI. MANIVANNAN G., ADVOCATE)(ABSENT)
Digitally signed by SANDHYA S Location: High Court of Karnataka
AND:
NC: 2023:KHC:43024 CRL.A No. 185 of 2014 C/W CRL.A No. 186 of 2014
AGED ABOUT 57 YEARS, RESIDING AT NO. 159, VENKATESHWARA COMPLEX, R.M.V. II STAGE, NAGASHETTYHALLI, OPP. NAGASHETTYHALLI BUS STAND, BANGALORE - 560 094.
…RESPONDENTS
(BY SRI. RAVICHANDRAN T.C., ADVOCATE FOR R1 & R2)
THIS CRL.A. IS FILED U/S. 378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 2.1.2014 PASSED BY THE XII A.C.M.M., BANGALORE IN C.C.NO.22325/2005 - ACQUITTING THE RESPODNENT/ACCUSED FOR THE OFFENCE P/U/S/ 138 OF N.I.ACT; AND ETC.,
IN CRL.A. NO.186/2014
BETWEEN:
HANUMANTHE GOWDA, S/O LATE MUNIHANUME GOWDA, AGED ABOUT 60 YEARS, RESIDING AT NO. 59, GOWDARA COLONY, NAGASHETTY HALLI, R.M.V. II STAGE, BANGALORE - 560 094.
…APPELLANT
(BY SRI. MANIVANNAN G., ADVOCATE)(ABSENT)
AND:
NC: 2023:KHC:43024 CRL.A No. 185 of 2014 C/W CRL.A No. 186 of 2014
2. N.M. SRINIVAS,
S/O LATE MUNIVENKATAPPA, AGED ABOUT 57 YEARS, RESIDING AT NO.159, VENKATESHWARA COMPLEX, R.M.V. II STAGE, NAGASHETTYHALLI, OPP. NAGASHETTYHALLI BUS STAND, BANGALORE - 560 094.
…RESPONDENTS
(BY SRI. RAVICHANDRAN T.C., ADVOCATE FOR R1 & R2)
THIS CRL.A. IS FILED U/S. 378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 2.1.2014 PASSED BY THE XII A.C.M.M., BANGALORE IN C.C.NO.22326/2005 - ACQUITTING THE RESPODNENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT; AND ETC.,
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Respondents counsel has filed a memo on 09.11.2023 stating that appellant passed away on 15.07.2023.
Since then no application has been filed on behalf of the appellant to bring the legal representative of the appellant on record. Hence, appeals are dismissed.
Sd/JUDGE
RU
1 provisions across 1 enactments
HANUMANTHE GOWDA
M/S SRINI HATCHERIES AND AGRO PRODUCTS
N.M. SRINIVAS
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
