IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.1464 OF 2016 BETWEEN:
Sri. M.S.Manjunath S/o. Late Subbarayachar, Aged about 59 years, R/at Mallipattana Village, And Hobli, Arakalagudu Taluk, Hassan District-573 102.
(By Sri. H.K.Revanasiddappa, Advocate) AND:
Sri. S.N.Hanumanthrayappa S/o. Narasegowda, Aged about 39 years, Forest Officer (Forester), Gantenahalli, Huligante Post, Koratagere Taluk, Tumakuru District-572 129.
...Appellant ...Respondent This Criminal Appeal is filed under Section 378(4) of Cr.P.C praying to set aside the judgment and order dated:09.03.2016 passed by the Civil Judge and JMFC, Arakalagudu in C.C.No.539/2015 – acquitting the Crl.A.No.1464/2016 2 respondent/accused for the offence punishable under Section 138 of N.I.Act.
This Appeal coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the appellant is present.
2. The Police Report shows that the respondent is dead and the Police have also produced death certificate in support of their report.
3. Learned counsel for the appellant submits that in view of the death of the respondent/accused, the appeal stands abated.
4. Since the death of the respondent/accused is not in dispute, the appeal stands abated.
BMC Sd/- JUDGE