Sri D Lingappa vs Dr N Jayaramaiah
2021 Latest Caselaw 2049 Kant

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 31ST DAY OF MAY, 2021

                             BEFORE

   THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

       CRIMINAL REVISION PETITION No.668 OF 2016

BETWEEN:

Sri D.Lingappa,
S/o Late Doddanna,
Aged about 87 years,
R/at No.98,
Addiganahalli Main Road,
Rajanukunte,
Hesaraghatta Hobli,
Bengaluru - 560 064.                               ..Petitioner

(By Shri Varaprasad.K., Advocate)

AND:

Dr.N.Jayaramaiah,
S/o Sri Narayanappa,
Aged about 51 years,
R/at No.5, Manjunatha Layout,
D.V.G. Main Road,
R.M.V. 2nd Stage,
Nagashettyhalli,
Bengaluru - 560 094.                             ..Respondent

(By Shri Girish, Advocate)


       This Criminal Revision Petition filed under Section 397
r/w 401 Cr.P.C. by the petitioner praying to set aside the
judgment and order dated 27.02.2016 passed by the learned
                                 2               Crl.R.P.No.668/2016




LXVI Additional City Civil and Sessions Judge, Bengaluru City
(CCH-67) in Crl.A.No.712/2015 and the judgment and order
dated    15.04.2015   passed   by   the   learned   XVIII   ACMM,
Bengaluru in C.C.No.31769/2011 and consequently dismiss
the complaint.


        This Criminal Revision Petition coming on for orders,
through Video Conference, this Day, the Court made the
following:
                            ORDER

Learned counsel for the revision petitioner who is

appearing through video conference submits that reporting the

death of the petitioner herein on 28.10.2017. He has filed a

memo along with the death certificate on 17.10.2019, by

virtue of the same, the petition stands abated.

2. The respondent has not objected to the said memo

and to the submission made by the learned counsel for the

petitioner today. A perusal of the petition would go to show

that the present revision petitioner in this revision petition has

challenged the confirmation of his conviction for the offence

punishable under Section 138 of the Negotiable Instruments

Act by the learned 66th Additional City Civil and Sessions

Judge, Bengaluru City (CCH-67) in Criminal Appeal No.712 of

2015.

3. In view of the fact that the petitioner's death is not

disputed by the respondent and the death certificate also go to

show that the petitioner has died on 28.10.2017 and his legal

representatives are not evincing interest in prosecuting the

matter, the revision petition stands disposed of as abated.

Sd/-

JUDGE

DH