Mr. A. Rathnam vs Mr. S. K. Ramesh
2022 Latest Caselaw 12620 Kant

                           1


    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF OCTOBER, 2022

                         BEFORE

            THE HON'BLE MS.JUSTICE J.M.KHAZI

           CRIMINAL APPEAL NO.1609 OF 2017

BETWEEN:

MR. A. RATHNAM
S/O LATE ANANDA,
AGED 70 YEARS
R/AT NO.265, IDA COTTAGE,
3RD CROSS, SAPTHAGIRI LAYOUT,
VIDYANARAYANAPURA,
BANGALORE - 560 097.
                          ... COMPLAINANT/APPELLANT

(BY SRI. C.H.SRINIVAS, ADVOCATE)

AND:

MR. S. K. RAMESH
PROPRIETOR,
M/S. S.K.PRINTERS,
NO.213, 1ST FLOOR, 3RD MAIN,
NEAR MALLESWARAM
CO-OPERATIVE BANK,
VAYALIKAVAL,
BANGALORE - 560 003
RESIDENTIAL ADDRESS
MR.S.K.RAMESH,
S/O C.KRISHNAIAH,
PROPRIETOR,
M/S. S.K.PRINTERS,
RESIDING AT NO.457,
11TH CROSS, SADASHIVANAGAR,
BANGALORE - 560 080.
                                  ...ACCUSED/RESPONDENT

       THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO i) SET ASIDE
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THE        ORDER     DATED    01.07.2017      PASSED    IN
C.C.NO.16095/2012       AT   XX   ACMM,    BANGALORE    AT
ANNEXURE-A AND RESTORE THE COMPLAINT ON THE FILE OF
THE 20TH ADDITIONAL C.M.M.COURT, AT BANGALORE FOR
THE DISPOSAL OF THE CASE ON THE MERITS OF THE CASE;
ii) GRANT SUCH OTHER RELIEF'S AS THIS HON'BLE COURT
PLEASED TO GRANT WHILE ALLOWING THIS APPEAL WITH
COSTS, IN THE INTEREST OF JUSTICE AND EQUITY.


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

                      JUDGMENT

No representation for appellant.

2. No representation for appellant even in the

afternoon session.

3. On 12.01.2022 a submission was made stating

that appellant is no more and sought time to do the

needful. However, no steps have been taken to bring the

legal representatives of appellant/complainant on record to

prosecute the appeal.

Hence, appeal is dismissed as abated.

Sd/-

JUDGE RR