Criminal appeal against acquittal in a cheque-dishonour case. The appellant died during the pendency of the appeal and counsel received no instructions; the High Court dismissed the appeal as abated.
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NC: 2024:KHC:30564 CRL.A No. 505 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 505 OF 2014
BETWEEN:
SRI.L.C.DAYANANDA S/O. CHINNAPPA, AGED ABOUT 47 YEARS, R/O LAKKAVALLI VILLAGE, TARIKERE TALUK.
…APPELLANT
(BY SRI. G S BALAGANGADHAR., ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
SMT.P.S.VANI D/O.P.SHANMUGAM, AGED ABOUT 37 YEARS, ASSISTANT TEACHER, GOVERNMENT TAMIL SCHOOL, AZAD PARK, CHIKMAGALUR CITY.
…RESPONDENT
(BY SRI. N R RAVIKUMAR ., ADVOCATE)
THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:18.1.2014 PASSED BY THE II ADDL.DIST.& SESSIONS JUDGE, CHIKAMAGALUR, IN CRL.APPEAL.NO.59/13 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.I.A.NO.1/14 FOR SPECIAL LEAVE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2024:KHC:30564 CRL.A No. 505 of 2014
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
Learned counsel for the appellant submits that the appellant has already died and the same is reported before this Court on the previous hearing dates i.e., on 20.11.2023, 05.12.2023 and 30.07.2024. He further submits that he has not received any instructions from appellant's side. The order sheet dated 30.07.2024 reads as under:
" Learned counsel for the appellant again prays
for two weeks time to take steps against the deceased appellant. The death of the appellant was reported on 20.11.2023. Even till today, learned counsel for the appellant is not aware of the date of death of the appellant nor he know about the details of the legal representatives left behind by the deceased.
The appeal is of the year 2014. I do not find any reason to adjourn the matter as the appeal is already abated. However, to afford one more
opportunity to the appellant, list finally as last chance on 02.08.2024."
In view of the submission made by the learned counsel
for the appellant, the appeal stands dismissed as abated.
Sd/-
(M G UMA) JUDGE
RB
1 issue framed by the court
Whether the criminal appeal against acquittal under Section 138 NI Act survives after the appellant's death.
2 provisions across 2 enactments
Sri L C Dayananda
Smt P S Vani
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
