H P Mudlappa, B.A. Llb vs B Narayanaswamy
2023 Latest Caselaw 2263 Kant

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                                                         CRL.A No. 221 of 2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 18TH DAY OF APRIL, 2023
                                              BEFORE
                               THE HON'BLE MR. JUSTICE P.N.DESAI
                              CRIMINAL APPEAL NO. 221 OF 2012 (A)


                      BETWEEN:
                      H.P. MUDLAPPA, B.A. LLB
                      S/O LATE PUTTEGOWDA
                      AGED ABOUT NOW 73 YEARS
                      ADVOCATE: HIGH COURT
                      "KUVEMPU KRUPA"
                      NO.720, 11TH MAIN ROAD
                      5TH BLOCK, RAJAJINAGAR
                      BANGALORE - 560 010.

                                                                  ...APPELLANT
                      (BY SRI. H.P. MUDLAPPA, PARTY-IN-PERSON)

                      AND:

                      B. NARAYANASWAMY
                      S/O LATE BHIMANNA
                      AGED ABOUT NOW 70 YEARS
Digitally signed by   RESIDING AT: MELUR POST
NAGARATHNA M
Location: HIGH        SIDLAGHATTA TALUK
COURT OF              CHICKABALLAPURA DISTRICT.
KARNATAKA

                                                                 ...RESPONDENT
                      (BY SRI. N.N.RAJ URS, ADVOCATE - ABSENT)

                           THIS CRL.A. IS FILED U/S. 378(4) CR.P.C PRAYING TO
                      SET ASIDE THE ORDER DT:12.01.2012 PASSED BY THE XIII
                      ACMM, BANGALORE IN C.C.NO.30520/02 ACQUITTING THE
                      RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
                      ACT AND ETC.

                           THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS
                      DAY, THE COURT DELIVERED THE FOLLOWING:
                                -2-
                                           CRL.A No. 221 of 2012




                           JUDGMENT

The office note shows that the Court notice was issued on

14.11.2022 to the appellant/party-in-person through

Commissioner of Police, Bengaluru vide Registrar (Judicial)

Circular No.102/2022 dated 04.07.2022.

2. The Police Inspector, Rajajinagar Police has filed a

report dated 18.11.2022 along with the copy of the Death

Certificate to show that the appellant H.P.Mudallappa, who was

the complainant died on 27.11.2021.

3. Therefore, in view of the death of the appellant the

appeal does not survive for consideration, as there is no

representation for the appellant's side.

4. Hence, the appeal is dismissed as abated. However,

the legal representatives for the deceased appellant, if any, are

at liberty to file an application to come on record, if they are so

advised and if they are entitled in accordance with law.

Sd/-

JUDGE

JT/-