Criminal Appeal No. 404 of 2015, filed to set aside acquittal under Section 138 NI Act. The court held that the appeal abates as the sole respondent has passed away.
The appeal was allowed to abate. No substantive order on merits.
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 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 404 OF 2015
BETWEEN:
SRI. M.G. BHEDRE, S/O LATE B.L. GOVINDRAO, AGED ABOUT 47 YEARS, R/AT EWS 120, NEW KANTHARAJA URS ROAD, KUVEMPUNAGAR, MYSORE - 570 025.
…APPELLANT
(BY SRI. ASHISH KRUPAKAE, AVOCATE FOR SRI. SHIVAYOGI B HALLUR, ADVOCATE)
AND:
Digitally signed by SANDHYA S Location: High Court of Karnataka
SRI. AJJANAGOUDA RUDRAGOUDA PATIL, S/O RUDRAGOUDA, AGED ABOUT 41 YEARS, R/T NEAR PETE BASAVESHWARA TEMPLE, GUTTAL - 581 108, HAVERI TALUK AND DISTRICT.
…RESPONDENT
(BY SRI. M.V. HIREMATH, ADVOCATE)
THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:23.12.2014, PASSED BY THE 1ST ADDL. CIVIL & SESSIONS JDUGE & JMFC, MYSORE, IN C.C.NO.443/10 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
NC: 2023:KHC:46296 CRL.A No. 404 of 2015
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
It is submitted by the learned counsel for the appellant
that the sole-respondent has passed away.
appellant, appeal is abated .
Sd/JUDGE
PK
CT: BHK
1 issue framed by the court
Whether the criminal appeal should be proceeded with when the sole respondent has passed away.
1 provisions across 1 enactments
SRI. M.G. BHEDRE
SRI. AJJANAGOUDA RUDRAGOUDA PATIL
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
