Sri A Charles vs Mahesh S
2021 Latest Caselaw 1415 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF JANUARY, 2021

                         BEFORE

   THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR

           CRIMINAL APPEAL NO.465 OF 2017 (A)
BETWEEN:

SRI A CHARLES,
S/O LATE ANAND RAJ,
AGED ABOUT 59 YEARS,
WORKING AS A SENIOR COMPOSITOR
AT GOVT CENTRAL PRESS, UNIT-2,
R.V.COLLEGE POST,
MYSORE ROAD,
BENGALURU - 560 059.                       ...APPELLANT

(BY SRI C.SRINIVASA, ADVOCATE - ABSENT)

AND:

MAHESH S,
S/O SRINIVAS N
AGED ABOUT 43 YEARS,
WORKING AS ASSISTANT
MACHINE MINDER
AT GOVT CENTRAL PRESS UNIT-2,
R.V.COLLEGE POST,
MYSORE ROAD,
BENGALURU - 560 059.

ALSO AT NO. 11/1, 4TH CROSS,
NAGAPPA STREET,
PALACE GUTTAHALLI,
                                2


MALLESHWARAM,
BENGALURU - 560 003.                           ...RESPONDENT

(BY SRI M S SHANKARAGULLI, ADVOCATE)
                            ****

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
PRAYING TO SET ASIDE THE JUDGMENT DATED 15.02.2017
PASSED BY THE LX ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE,    BENGALURU     (CCH-61)  IN   CRL.A.NO.413/2016 -
ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 OF N.I.ACT AND FUTHER BE PLEASED TO CONFIRM
THE JUDGMENT AND SENTENCE DATED 04.03.2016 PASSED BY
THE XXII A.C.M.M., BENGALURU IN C.C.NO.17188/2015.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Counsel for the appellant is absent.

No representation.

On 09.01.2020 the memo for retirement filed by the

counsel for the appellant was rejected. On the same day the

counsel for the respondent has filed a memo along with death

certificate of respondent Mahesh S, S/o Srinivas N. No further

steps has been taken.

The present appeal is against the order of acquittal. In

view of death of the sole respondent, the appeal does not survive

for consideration. Hence the following -

ORDER

This Criminal Appeal is dismissed.

Sd/-

JUDGE

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