Kum. M Ahalya vs Kum C Gowri
2022 Latest Caselaw 10257 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 4TH DAY OF JULY, 2022

                             BEFORE

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

           CRIMINAL APPEAL No.1095 OF 2017

BETWEEN:

KUM M. AHALYA,
D/O. MARIYAPPA,
AGED ABOUT 58 YEARS,
RESIDING AT NO.1083,
5TH CROSS, K.N. EXTENSION,
YESWANTHPURA,
BANGALORE - 560 022.                       ...    APPELLANT

[BY SRI. LAKSHMIKANTH K., ADVOCATE]

AND:

KUM C. GOWRI,
AGED ABOUT 35 YEARS,
PRESIDENT OF MAHILA VIMOCHANA CHALUVALI,
M.V.C (S) SAMATHAVADA,
(PRAJAVIMOCHANA CHALUVALI ANGASAMSTHE),
OFFICE AT NO.316, N. CHINNAPPA BUILDING,
7TH 'B' MAIN ROAD,
YELAHANKA UPANAGARA,
BANGALORE - 560 064.                     ...     RESPONDENT

[BY SRI. VIVEK S., ADVOCATE]

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     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 25.02.2017 PASSED IN C.C. NO.32207/2011, BY THE
LEARNED XVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BANGALORE AND CONVICT THE RESPONDENT IN ACCORDANCE
WITH LAW.
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     THIS CRIMINAL APPEAL COMING ON FOR FINAL HEARING,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

This appeal is preferred by the complainant against

the Judgment of acquittal passed by the trial Court,

whereby the respondent/accused has been acquitted of an

offence punishable under Section 138 of the Negotiable

Instruments Act.

2. A memo has been filed by the learned counsel

for the respondent stating that the respondent/accused is

no more. A copy of the Death Certificate is also enclosed.

In the memo it is stated that the respondent/accused has

expired on 15.02.2022. The same is not disputed by the

learned counsel for the appellant.

Hence, this appeal is dismissed as abated in view of

Section 394 of Cr.P.C.

Sd/-

JUDGE

Ksm*