Ganapatsa Narayansa Chavan vs Maruti Trading Co
2021 Latest Caselaw 1699 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 3RD DAY OF MARCH 2021

                      BEFORE

          THE HON'BLE MRS.JUSTICE M.G.UMA

          CRIMINAL APPEAL NO.2710/2011 (A)

BETWEEN

GANAPATSA NARAYANSA CHAVAN,
AGE ABOUT 53 YEARS, OCC-BOND WRITER,
RESIDING AT HUBLI.
                                        ...APPELLANT
(BY SRI.G.R.ANDANIMATH, ADVOCATE)

AND

MARUTI TRADING COMPANY,
A PARTNERSHIP FIRM REPRESENTED
BY ITS PARTNER RAMESH MADHUSA PATIL,
AGE ABOUT 40 YEARS, OCC-BUSINESS,
RESIDING AT ANCHATAGERI ONI,
HUBLI-580 028.
                                       ...RESPONDENT

(BY SRI HANUMANTHAREDDY SAHUKAR, SRI V.R.DATAR,
SRI.B.D.HEGDE DODMANE, ADVOCATES)

      THIS CRIMINAL APPEAL IS FILED U/SEC. 378(2) OF
CR.P.C. SEEKING TO SET ASIDE THE JUDGMENT DATED
07.08.2008 ALLOWING CRIMINAL APPEAL NO.85/2006
PASSED BY THE DISTRICT AND SESSIONS JUDGE,
DHARWAD SITTING AT HUBLI AND RESTORE THE ORDER
DATED 30.11.2006 CONVICTING THE RESPONDENT HEREIN
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IN CRIMINAL CASE NO.1968/2005 BY ALLOWING THIS
CRIMINAL APPEAL WITH COSTS THROUGHOUT.

     THIS APPEAL COMING ON FOR FINAL HEARING ON
THIS DAY, M.G.UMA, J., DELIVERED THE FOLLOWING:


                           JUDGMENT

The appellant and respondent are absent. No

representation even though the matter is passed over

thrice.

2. It is noticed that the trial Court convicted the

accused for the offence punishable under Section 138 of

the Negotiable Instruments Act and sentenced him to

undergo simple imprisonment for one year and to pay fine

of Rs.5,000/- with default sentence of 3 months. He is also

directed to pay compensation of Rs.1,50,000/- to the

complainant in Criminal Case No.1968/2005. Being

aggrieved by the same, the accused preferred Criminal

Appeal No.85/2006 before the I Additional District and

Sessions Judge, Dharwad sitting at Hubballi. The said

appeal came to be dismissed vide Judgment dated

07.08.2008. Being aggrieved by the same, the accused is

before this Court seeking to set aside the impugned

Judgment of conviction and sentence passed against him.

3. The order sheet dated 02.02.2021 shows that the

learned counsel for the respondent had submitted that the

appellant is dead about 3 or 4 years back. As per the order

sheet dated 12.02.2021, the learned counsel for the

revision petitioner submitted that the appellant is already

dead and he wants to file a memo for withdrawal of the

appeal. Subsequently, on 01.03.2021, on 02.03.2021 and

even today there is no representation on behalf of the

appellant.

In view of the above, the Criminal Appeal is

dismissed as abated.

Sd/-

JUDGE

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