IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA Criminal Appeal No. 2001 of 2016 BETWEEN:
SRI SURESH H # 72, APPAYANNA COMPOUND RMV II STAGE, NAGASHETTY HALLI BENGALURU-560 094 ... APPELLANT (BY SRI N. AMARESH, ADVOCATE) AND:
SRI BHEEM BAHADUR S/O LATE BHAN BAHADUR C/O RAJANNA BUILDING BAGALUR, OPP. TO POLICE STATION ROAD BENGALURU-562 149 ... RESPONDENT (BY SMT V. VEENA, ADVOCATE FOR SRI RAVINDRA V. REDDY, ADVOCATE.) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 13.11.2015 PASSED BY THE XV ADDL. C.M.M., BENGALURU IN C.C.NO.15817/2014 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the respondent files a memo reporting the death of the respondent – accused by producing the Death Certificate showing that the respondent died on 04.07.2019.
Learned counsel for the appellant is present before the Court. As it is an acquittal judgment, the death of the accused terminates the proceedings. Therefore, the appeal does not survive for consideration on merits. Hence, the same is liable to be dismissed as abated.
Accordingly, the appeal stands dismissed as abated.
Sd/- JUDGE cp*