Anil S/O. Laxman Nesarkar vs Monappa S/O. Yallappa ...
2021 Latest Caselaw 3075 Kant

             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

           DATED THIS THE 30TH DAY OF JULY, 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

            CRIMINAL APPEAL NO. 2523/2013 (A)

BETWEEN:

SHRI. ANIL
S/O. LAXMAN NESARKAR
AGE: 54 YEARS,
OCC: BUSINESS,
PROPRIETOR OF SUNIL TRADERS
R/O. 533, MAIN ROAD, KEB HOUSE,
PEERANWADI, TQ & DIST: BELGAUM.
                                                ...APPELLANT
(BY SRI. K.H. BAGI, ADVOCATE)

AND:

SRI. MONAPPA
S/O. YALLAPPA KARAVINKOPPA,
AGE: 54 YEARS, OCC: BUSINESS,
R/O. NEAR MARATHI SCHOOL,
AUCHAREHATTI VILLAGE
AT/POST : YELLUR,
TQ & DIST. BELGAUM.
                                            ...RESPONDENT

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(1)(4) OF CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT/
ORDER DATED 07.08.2010 PASSED BY THE III ADDL. CIVIL
JUDGE AND JMFC, BELGAUM          IN CC NO.595/2009 BY
ALLOWING THIS APPEAL.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                               2


                         JUDGMENT

Learned counsel for the appellant called-out. Absent.

The order passed by this Court on 06.01.2021 indicates that, the Bailable Warrant issued against the sole respondent/accused was returned with an endorsement that he died on 21.06.2017. A Copy of Death Certificate is also produced and it discloses that the respondent/accused has died on 21.06.2017.

This appeal is filed by the complainant against the judgment of acquittal. He has not taken any further steps and also he has not disputed the death of the accused/ respondent.

In the circumstances, when the sole Respondent/accused has died, the appeal is bound to abate as per Section 394(1) of Cr.P.C. Accordingly, I proceed to pass the following:-

ORDER

The appeal stands dismissed as abated.

Sd/-

JUDGE

KGR*