IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS CRIMINAL APPEAL NO.628 OF 2018 BETWEEN SRI L.CHANDRASHEKAR S/O. LATE LINGEGOWDA AGED ABOUT 57 YEARS R/AT NO.14, MODEL HOUSE STREET BASAVANAGUDI NEAR SADANA VIDHYALAYA BENGALURU – 560 004 ...APPELLANT (BY SRI S.N.NAIK, ADVOCATE (ABSENT)) AND SRI NARASIMHAMURTHY S/O. LATE NARASAPPA AGED ABOUT 45 YEARS R/AT NO.12/120 PRAKASH GARDEN NEAR DS MAX APARTMENT HORAMAVU AGRAHARA BENGALURU – 560 016 (BY SRI Y.S.SHIVAPRASAD, ADVOCATE) …RESPONDENT THIS CRIMINAL APPEAL IS FILED U/S 378(4) CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 08.01.2018, PASSED BY THE XVI A.C.M.M. AT BANGALORE CITY, IN C.C.NO.17765/2016, ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I.ACT AND ETC.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT R. DEVDAS J., (ORAL):
On 05.09.2019 the following order was passed:
“Learned counsel for the respondent submits that as per reliable information, the appellant- complainant is dead.
The said submission is placed on record.
Learned counsel for the appellant-complainant is directed to take proper steps in respect of deceased appellant-complainant.”
Learned counsel for the respondent submits that in spite of the said direction no steps have been taken by the learned counsel for the deceased appellant.
Matter is called out.
There is no representation for the deceased appellant.
Therefore, the criminal appeal stands abated and consequently dismissed.
Sd/- JUDGE KTY