Sri M. Kumar vs Sri B. Ashok Kumar
2023 Latest Caselaw 11407 Kant

Karnataka High Court

Sri M. Kumar vs Sri B. Ashok Kumar on 21 December, 2023

                                               -1-
                                                            NC: 2023:KHC:46771
                                                         CRL.A No. 347 of 2014
                                                     C/W CRL.A No. 348 of 2014



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 21ST DAY OF DECEMBER, 2023

                                             BEFORE
                            THE HON'BLE MR JUSTICE G BASAVARAJA
                               CRIMINAL APPEAL NO. 347 OF 2014
                                              C/W
                               CRIMINAL APPEAL NO. 348 OF 2014

                   IN CRL.A NO. 347/2014
                   BETWEEN:
                   SRI. M. KUMAR,
                   S/O MARUKONDAIAH,
                   AGED ABOUT 36 YEARS,
                   RESIDING AT NO. 47,
                   9TH CROSS, 2ND MAIN,
                   B.K. NAGAR, YESHWANTPUR,
                   BANGALORE - 560 022.
                                                                  ...APPELLANT
                   (BY SRI. S.V. SHASTRI, ADVOCATE)

                   AND:
                   SRI. B. ASHOK KUMAR,
Digitally signed
by SANDHYA S       S/O G. BALARAMA,
Location: High
                   AGE: MAJOR,
Court of           RESIDING AT NO. 603,
Karnataka          7TH MAIN ROAD, K.N. EXTENSION,
                   YESHWANTHPUR, BANGALORE - 560 022.
                                                                ...RESPONDENT
                   (BY SRI. M. KRISHNAMURTHY, ADVOCATE)

                          THIS CRL.A IS FILED U/S.378(1) OF CR.P.C PRAYING TO
                   SET ASIDE THE ORDER DATED:4.4.14 PASSED BY THE XII
                   ADDL.C.M.M., BANGALORE IN C.C.NO.4704/2012-ACQUITTING
                   THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
                   N.I. ACT.
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                                          NC: 2023:KHC:46771
                                       CRL.A No. 347 of 2014
                                   C/W CRL.A No. 348 of 2014



IN CRL.A NO. 348/2014

BETWEEN:

SRI. D.R. SREEKANTH,
S/O D.S. RAMAKRISHNA SETTY,
AGED ABOUT 26 YEARS,
RESIDING AT HIRANMAYE FASHION,
SRI SAI COMPLEX,
NO. 40/7, SHOP NO.2,
MSR ROAD, MATHIKERE,
BANGALORE - 560 054.
                                                ...APPELLANT
(BY SRI. S.V. SHASTRI, ADVOCATE)

AND:

SRI. B. ASHOK KUMAR,
S/O G. BALARAMA,
AGE: MAJOR,
RESIDING AT NO. 603,
7TH MAIN ROAD, K.N. EXTENSION,
YESHWANTHPUR,
BANGALORE - 560 022.
                                              ...RESPONDENT


       THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED:4.4.14 PASSED BY THE XII
A.C.M.M.,      BANGALORE          IN    C.C.NO.4710      BH
/2012-ACQUITTING    THE   RESPONDENT/ACCUSED       FOR   THE
OFFENCE P/U/S 138 OF N.I. ACT.

       THESE APPEALS, COMING ON FOR ADMISSION, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:
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                                         NC: 2023:KHC:46771
                                      CRL.A No. 347 of 2014
                                  C/W CRL.A No. 348 of 2014



                        JUDGMENT

Learned counsel for the respondent Sri.M.Krishnamurthy

submits that respondent B. Ashok Kumar has passed away in

the year 2019.

2. In view of submission made by the learned counsel

for the respondent, case against the respondent stands

abated.

Sd/-

JUDGE

PK CT: BHK