Criminal appeal against conviction dismissed as withdrawn after appellant's counsel filed a memo stating the appellant had died of natural death pending appeal.
Appeal dismissed as withdrawn upon the filing of a withdrawal memo.
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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. 288 OF 2021
BETWEEN:
SRI. N.S. DORESWAMY, S/O LATE SUBRAMANYA, AGED ABOUT 71 YEARS, RESIDENT OF VIDYANAGARA, 2ND CROSS, TURUVEKERE TOWN, TURUVEKERE, TUMKUR DISTRICT - 570 244.
…APPELLANT (BY SRI. NAYEEM PASHA S., ADVOCATE[absent])
AND:
Digitally signed by SANDHYA S Location: High Court of Karnataka
SMT. N. ANUSUYADEVI, W/O. PAVADEGOWDA, AGED ABOUT 51 YEARS, RESIDENT OF NO.48, 1ST CROSS, 26TH MAIN ROAD, JAI MARUTHINAGARA, NANDINI LAYOUT, BANGALORE - 560 036.
…RESPONDENT
THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 27.11.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, AT TURUVEKERE IN C.C.NO.145/2016 AND THEREBY CONVICT THE RESPONDENT/ACCUSED BY ALLOWING THIS APPEAL FOR THE OFFENCE P/U/S/ 138 OF THE N.I. ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:38363 CRL.A No. 288 of 2021
JUDGMENT
Learned counsel for the appellant has filed a memo for withdrawal, in which, it is stated as under:
"That the undersigned counsel appearing for the Appellant is herewith respectfully submits that, this Hon'ble Court may be pleased to permit the Appellant to withdraw the above Appeal as not pressed, since it has been informed by the Trial Court Counsel that the Appellant recently died due to old age & natural death during the pendency of the above Appeal and hence continuation of proceedings in the above Appeal challenging the Judgment of Acquittal passed by the Hon'ble Senior Civil Judge & J.M.F.C. at Turuvekere, in C.C.No.145/2016, vide its order dated: 27.11.2019, becomes infructuous and the same may be taken on record, and dismiss the above Appeal as withdrawn, to meet the ends of justice and equity."
In view of the memo, the appeal is dismissed as withdrawn.
Sd/JUDGE
KA
SRI. N.S. DORESWAMY
SMT. N. ANUSUYADEVI
G BASAVARAJA
As recorded by the court registry
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