IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL APPEAL NO.1216 OF 2010 BETWEEN:
SMT. C. PRABHAVATHI W/O. LATE SOMASHEKAR, C/O. DR. S. RAJENDRA, NO.181/B, OPPOSITE TO K.S.R.T.C. DEPOT, BANNIMANTAPA EXTENSION, MYSORE.
(BY SRI R.D. RENUKARADHYA, ADV., FOR SRI A.H. BHAGAVAN) ... APPELLANT AND:
SMT. SAROJAMMA W/O. LATE VENUGOPAL, CLOUD - 9 HOTEL, CHAMUNDI HILL MAIN ROAD, KURUBARAHALLI, MYSORE.
... RESPONDENT (BY SRI P. NATARAJU, ADV.) * * * THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF THE CR.P.C PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 14-10-2010 PASSED BY THE PRINCIPAL I CIVIL JUDGE (JR. DN.) & J.M.F.C., MYSORE, IN C.C. NO.1641 OF 2007 AND CONVICT THE RESPONDENT-ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT.
THIS CRIMINAL APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Learned counsel for the respondent has filed a memo reporting the death of the respondent, who is said to have died on 28-7-2015 and a copy of the Death Certificate is also furnished.
At this stage, the learned counsel for the appellant has filed a memo for withdrawal of the appeal.
In view of the memo filed by the learned counsel for the appellant and considering the fact that, the respondent is no more, the appeal is dismissed as abated.
SD/- JUDGE kvk