Complainant's appeal seeking conviction of respondent under Section 138 NI Act after acquittal. Respondent died in 2018; appeal abated and was dismissed as abated.
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CRL.A No. 1051 of 2014 NC: 2024:KHC:9522
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.1051 OF 2014
BETWEEN:
PRABHUSWAMY K S S/O SHIBANANJAPPA AGE: 55 YEARS, KEREGODI VILLAGE, RANGAPURA POST, TIPTUR TALUK, TUMKUR DISTRICT - 575 202.
…APPELLANT
(BY SRI. CHANDRASHEKARA K A, ADVOCATE)
AND:
Digitally signed by MADHURI S Location: High Court of Karnataka
HEMENDRA S/O NAGARAJ AGE: MAJOR, GARDEN HOUSE, ECHANUR KAVAL, KOTANAYAKANAHALLI POST, TIPTUR TALUK, TUMKUR DISTRICT - 572 202
…RESPONDENT
(BY SRI. H P MALLEGOWDA, ADVOCATE)
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 20.10.2014 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, TIPTUR IN C.C.NO.765/2012 AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND COMPENSATE THE APPELLANT/COMPLAINANT ADEQUATELY UNDER SECTION 357 OF THE CODE OF CRIMINAL PROCEDURE, TO MEET THE ENDS OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CRL.A No. 1051 of 2014 NC: 2024:KHC:9522
JUDGMENT
Learned counsel for the appellant has filed a memo reporting the death of respondent/accused on 09.06.2018.
Since this is an appeal filed by the complainant challenging the acquittal of the respondent/accused, with
the death of the respondent/accused, appeal abates.
Accordingly, appeal is dismissed as abated.
The Registry is directed to send back the trial Court
records along with copy of this judgment forthwith.
Sd/JUDGE
MDS List No.: 1 Sl No.: 26
3 provisions across 2 enactments
Prabhuswamy K S s/o Shibananjappa
Hemendra s/o Nagaraj
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
