IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.32 OF 2011 BETWEEN:
SRI SUDARSHAN G.A. S/O. B.ANJANAPPA AGED ABOUT 42 YEARS R/AT NO.32, 1ST MAIN 13TH CROSS MARUTHINAGAR YELAHANKA BANGALORE-560 064. …APPELLANT (BY SRI A.L. PREMKUMAR, ADVOCATE) AND:
SRI M. GANGADHARA S/O. MUNINARASIMHAIAH AGED ABOUT 50 YEARS R/AT DEVISHETTIHALLI VILLAGE NANDHI HOBLI DODDAMARAHALLI POST CHIKKABALLAPURA TALUK AND DISTRICT. …RESPONDENT (BY SRI B.N. JAGADEESH BABU, ADVOCATE FOR SRI S. SUDARSANA REDDY, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED 27.11.2010 PASSED BY THE XII ADDL. CMM., BANGALORE IN C.C.NO.3887/2008-ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER None appear for the appellant.
2. Learned counsel for the respondent alone present and submits that, in view of death of the appellant, under the provision of Section 394(2) of the Code of Criminal Procedure (hereinafter referred to as the ‘Cr.P.C.’ for the sake of brevity), the appeal stands abated.
3. A perusal of the order sheet go to show that, considering the police report stating that the appellant was reported to be dead on 29.06.2018 and also perusing the death certificate of the appellant which also confirms the death of the appellant on 29.06.2018, this Court, however as a last chance, granted a week’s time for the appellant to make his submission in this regard. Despite that, there is no representation from the appellant side.
4. That being the case, since the present appeal being the appeal filed by the appellant/complainant challenging the judgment of acquittal for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 and in view of the death of the appellant, the appeal stands abated under Section 394(2) of Cr.P.C.
Sd/- JUDGE ST