IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL APPEAL No.532 OF 2013 BETWEEN:
SRI GULABCHAND PAGARIA, M/S.PREM INVESTMENTS, GOKUL TOWERS, NO.19/1, 2ND FLOOR, 6TH MAIN ROAD, BEHIND KAPIL THEATRE, GANDHINAGAR, BENGALURU PIN CODE – 560 009. ...APPELLANT (BY SRI H.S.CHANDRAMOULI, ADVOCATE) AND:
SRI A.RAJESH, S/O ASHWATHNARAYAN, MAJOR, NO.330, YOGENDRA GARDENS, KAMMASANDRA, ELECTRONIC CITY POST, BENGALURU – 560 100. ...RESPONDENT (BY SRI G.V.SHASHIKUMAR, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.12.2012 PASSED BY THE XV ADDL.C.M.M., BENGALURU IN C.C.NO.28838 OF 2007 ACQUITTING THE RESPONDENT /ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the respondent has filed a memo reporting the death of the respondent/accused on 22.01.2017 along with the death certificate.
2. Perused the death certificate. This appeal is filed against the judgment of acquittal against the respondent. In view of the death of the respondent, the appeal does not survive for consideration and the same is dismissed as abated.
In view of the abatemet and dismissal of the appeal, I.A.No.2 of 2013 and I.A.No.1 of 2013 does not survive for consideration. Hence, the said interlocutory applications are also dismissed.
Sd/- JUDGE DH