In a criminal appeal challenging an acquittal, the Court held that since the appellant died in 2019 without legal representatives being brought on record despite opportunities, the appeal was dismissed.
The criminal appeal was dismissed due to the absence of legal representatives of the deceased appellant.
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 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 596 OF 2012
BETWEEN:
SRI. K.BELLIAPPA, S/O BHEEMAPPA, AGED ABOUT 72 YEARS, CHITRATTIHALLI VILLAGE, SORABA TALUK, SHIMOGA DISTRICT. (BY SRI. A.NAGARAJAPPA, ADVOCATE)
…APPELLANT
AND:
SRI. K.LOKESHAPPA, S/O SHIVAPPA INDUVALLI, AGED ABOUT 55 YEARS, KODAKNAI, DIV III, KEB COLONY, SORABA TOWN, SHIMOGA DISTRICT.
Digitally signed by SANDHYA S Location: High Court of Karnataka
…RESPONDENT (BY SRI. R.M.RAMAKRISHNA, ADVOCATE) THIS CRL.A FILED U/S 378 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 30/11/2011 PASSED BY THE SESSIONS JUDGE, I FAST TRACK COURT, SHIMOGA IN CRL.A.No.95/2011 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND TO CONFIRM THE JUDGMENT OF CONVICTION AND SENTENCE DATED 04/05/2011 PASSED BY THE SR. CIVIL JUDGE & JMFC., SORABA, SHIMOGA DISTRICT IN C.C.No.72/2010.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:46522 CRL.A No. 596 of 2012
JUDGMENT
The appellant's counsel seeks time to bring the legal representatives of the deceased appellant, who died on 18.09.2019.
Hence, the appeal is dismissed .
Sd/JUDGE
PGG
1 issue framed by the court
Whether the criminal appeal can be proceeded with when the legal representatives of the deceased appellant are not brought on record?
Sri. K.BELLIAPPA
Sri. K.LOKESHAPPA
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
