IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL REVISION PETITION NO.571/2016 c/w CRIMINAL REVISION PETITION NO.574/2016 IN CRL.RP.NO.571/2016 BETWEEN SRI C.S MUDDAPPA AGED ABOUT 50 YEARS, S/O SUBBAIAH, FOREST VIEW ESTATE, KANNUR VILLAGE & POST, VIRAJPET TALUK, KODAGU 571218. ... PETITIONER (BY SRI SHRAVANTH ARYA TANDRA, ADV. FOR SMT. NALINA MAYEGOWDA, ADV.) AND SHRI. V. SANTHOSH AGED ABOUT 45 YEARS, S/O VISHWANATHAN, R/O NO.2, 7TH MAIN, JAYALAKSHMI PURAM, MYSORE 560012. ... RESPONDENT (BY SRI SARAVANA S, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE COMMON ORDER OF THE CONVICTION AND SENTENCE DATED 06.01.2016 PASSED BY THE II ADDL. S.J.,MYSURU IN APPEAL NO.272/2013 (DOCUMENT NO.1) SET ASIDE THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE V ADDL. I CIVIL JUDGE AND JMFC, MYSURU IN C.C.NO.2241/2008 DATED 16.08.2013, FOR THE OFFENCE P/U/S 138 OF N.I ACT, 1881 (DOCUMENT NO.2) BY ALLOWING THIS CRL.R.P. WHICH IS NECESSARY.
IN CRL.RP.NO.574/2016 BETWEEN SRI C.S. MUDDAPPA AGED ABOUT 50 YEARS, S/O. SUBBAIAH, FOREST VIEW ESTATE, KANNUR VILLAGE AND POST, VIRAJPET TALUK.
KODAGU 571218. ... PETITIONER (BY SRI SHRAVANTH ARYA TANDRA, ADV. FOR SMT. NALINA MAYEGOWDA, ADV.) AND SRI V SANTHOSH AGED ABOUT 45 YEARS, S/O. VISHWANATHAN, R/O. NO.2, 7TH MAIN, JAYALAKSHMI PURAM, MYSORE-560012. ... RESPONDENT (BY SRI SARAVANA S, ADV.) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C PRAYING TO SET ASIDE THE COMMON ORDER OF THE CONVICTION AND SENTENCE DATED 06.01.2016, PASSED BY THE II ADDL. S.J., IN APPEAL NO. 274/2013 (DOCUMENT NO.1) SET ASIDE THE ORDER OF CONVICTION AND SENTENCE PASSED BY THE C/C V ADDL. I CIVIL JUDGE AND JMFC, MYSURU IN C.C.NO.2243/2008 DATED 16.08.2013, FOR THE OFFENCE P/U/S 138 OF N.I ACT, 1881 (DOCUMENT NO.2) BY ALLOWING THIS CRL.R.P. WHICH IS NECESSARY.
THESE CRL.RP’S COMING FOR ‘ORDERS’ ON THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER Heard the learned counsel for the petitioner and the respondent.
2. The counsel for the petitioner has filed a memo dated 08.03.2019 along with the Death Certificate of the petitioner who died on 09.11.2018. In view of the death of the petitioner, the case against petitioner abates. Accordingly, charges against him are abated.
3. The counsel for the petitioner has no objection to release the amount in favour of the complainant-respondent which was already deposited by the petitioner before the trial court. The same is ordered to be released to the complainant- respondent with due verification/identification.
Accordingly, the criminal revision petitions are disposed off.
Sd/- JUDGE Chs* CT-HR