Athani Farmers Sugar Factory ... vs Annappa Satyappa Kagi
2021 Latest Caselaw 3077 Kant

                           -1-



            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.2733 OF 2013

BETWEEN
ATHANI FARMERS SUGAR FACTORY LTD.,
VISHNUANNA NAGAR, MADBHAVI
POST NAVALIHAL, TQ: ATHANI,
DIST: BELGAUM,
REPRESENTED BY ITS
CHARIMAN AND MANAGING DIRECTOR
                                            ...PETITIONER

(BY SRI. SANJAY S KATAGERI, ADVOCATE)

AND
SHRI. ANNAPPA SATYAPPA KAGI
AGE: 71 YEARS,
OCC: AGRICULTURE AND BUSINESS,
A/P: TERADAL, TAL: JAMAKHANDI
DIT: BAGALKOT.
                                           ...RESPONDENT

(BY SRI. N L BATAKURKI, ADVOCATE)

      THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.
SEEKING TO SET ASIDE THE JUDGMENT AND ORDER OF
ACQUITTAL DATED 03.06.2013 IN C.C.NO.674/2011 PASSED BY
THE PRL. CIVIL JUDGE & JMFC, ATHANI, BY ALLOWING THIS
APPEAL AND GRANTING THE RELIEF AS PRAYED IN THE
COMPLAINT BY ALLOWING THE SAME AND THEREBY
CONVICTING THE RESPONDENT HEREIN U/S 138 OF NI ACT, IN
THE INTEREST OF JUSTICE AND EQUITY.
                                -2-



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

                         JUDGMENT

It is submitted that the accused has died. The

learned counsel for the respondent along with memo has

also produced a letter addressed to the respondent herein

and it is returned with a postal endorsement that the

respondent is deceased. This endorsement is dated

12.12.2020. Even after lapse of eight months, there is no

counter allegation regarding the respondent being alive.

Even the learned counsel for the appellant would submit

that the officials of the complainant institution did enquire

and ascertained the fact of death of respondent-accused,

but they could not get any documentary evidence. When

there is no dispute regarding the death of respondent-

accused, the appeal abates under Section 394(1) of

Cr.P.C. Accordingly, I proceed to pass the following:

ORDER

The appeal stands abated in view of the

death of the respondent.

However, complainant can address his

remedy in Civil Court, if advised to do so.

Sd/-

JUDGE

yan