V vs Chowdhary S/O.Parashuram ...
2022 Latest Caselaw 5587 Kant

                            1




             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

         DATED THIS THE 28TH DAY OF MARCH, 2022

                         BEFORE

            THE HON'BLE MR. JUSTICE P.N.DESAI

       CRIMINAL REVISION PETITION NO.100366/2021

BETWEEN:

V.V.S.CHOWDHARY
S/O. PARASHURAM CHOWDARY (V.S.SUDHAKAR)
AGE:48 YEARS,
OCC:BUSINESS
R/O. PLOT NO.403, SATYA RESIDENCY
DR.RAJASHEKAR STREET,
R.R.PET, WEST GODAVARI DISTRICT,
ANDHRA PRADESH - 534101
                                                ...PETITIONER
(BY SHRI. NAGARAJ J. APPANNANAVAR, ADVOCATE.)

AND:

S.RAMAKRISHNA
S/O. BRAHMAIAH
AGE:49 YEARS
OCC: AGRICULTURIST
R/O.JEERAL VILLAGE
TQ:GANGAVATHI
DIST:KOPPAL - 759023
                                           ...RESPONDENT
(S.RAMAKRISHNA, RESPONDENT DEAD)

      THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF THE CODE OF CRIMINAL PROCEDURE,
1973, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
CONVICTION DATED 15.09.2021 PASSED BY THE COURT OF 1ST
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTING
AT GANGAVATHI) IN CRIMINAL APPEAL NO.33/2019 DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND ORDER OF
CONVICTION PASSED BY THE COURT OF PRINCIPAL CIVIL JUDGE
AND JMFC, GANGAVATHI IN C.C.NO.297/2016 DATED 02.08.2019
                                  2




FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I.
ACT, AND ALLOW THE ABOVE CRIMINAL REVISION PETITION.

     THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:

                               ORDER

Petitioner's counsel present. The sub-inspector of

Gangavathi Rural Police has filed a report stating that

respondent died on 24.11.2021.

On obtaining instructions from his client, the

petitioner's counsel stated that the respondent is dead.

As sole respondent died in this petition, the petition

stands abated.

In the meanwhile, learned HCGP to secure death

certificate of respondent, from the concerned jurisdictional

police and file the same in the office.

Sd/-

JUDGE

HJ