Sri. M. Nagaraj vs Smt. R Sukanya
2023 Latest Caselaw 1323 Kant

                                           -1-
                                                   CRL.RP No. 526 of 2019




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 15TH DAY OF FEBRUARY, 2023

                                         BEFORE
                       THE HON'BLE MR JUSTICE R. NATARAJ
                CRIMINAL REVISION PETITION NO. 526 OF 2019
            BETWEEN:
            SRI. M. NAGARAJ
            SON OF LATE MUNISWAMY,
            AGED ABOUT 43 YEARS,
            RESIDING AT NO.124,
            SIDDANAHALLI, ALAMBADI POST,
            MALUR TALUK,
            KOLAR DISTRICT - 563 160.
                                                                 ...PETITIONER
            (BY SRI. JAYANTH RAO SINDHE.D, ADVOCATE)

            AND:
            SMT. R. SUKANYA
            DAUGHTER OF K.S.RAMANANDAM,
            AGED ABOUT 37 YEARS,
            RESIDING AT RAMAMANDIR ROAD,
            CHINTHAMNI,
            CHIKBALLAPURA DISTRICT - 563 125.
Digitally                                                       ...RESPONDENT
signed by   (BY SRI. JANARDHAN REDDY, ADVOCATE)
SUMA
Location:          THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
HIGH
COURT OF    SECTION 401 OF THE CODE OF CRIMINAL PROCEDURE, 1973
KARNATAKA
            PRAYING   TO   SET   ASIDE   THE   JUDGMENT   DATED    18.01.2019
            CLR.A.NO.947/2018 BY LXVII ADDITIONAL CITY CIVIL AND SESSION
            JUDGE,    BENGALURU    AND    CONSEQUENTLY    SET     ASIDE   THE
            JUDGMENT DATED 26.04.2018 IN C.C.NO.47128/2010 RENDERED BY
            THE XII A.C.M.M., AT BENGALURU, AND ACQUIT THE ACCUSED FOR
            THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I ACT.

                   THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                                   -2-
                                            CRL.RP No. 526 of 2019




                                ORDER

Learned counsel for the respondent submits that the

petitioner expired on 21.05.2021 and therefore, submits that

the proceedings against the petitioner has abated. He however,

prays the amount deposited by the petitioner before the Trial

Court pursuant to the order passed by this Court on

04.03.2021, may be released to the respondent.

In view of the aforesaid submission, this petition is

disposed off as abated. The amount deposited by the petitioner

before the Trial Court pursuant to the order dated 26.04.2018

passed by XII Additional Chief Metropolitan Magistrate,

Bengaluru in C.C.No.47128/2010 is ordered to be released in

favour of the respondent.

Sd/-

JUDGE

PK