M/S. Rajesh Exports Ltd vs S. Jabber
2023 Latest Caselaw 1470 Kant

                                                    -1-
                                                          CRL.A No. 1121 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 21ST DAY OF FEBRUARY, 2023

                                              BEFORE
                                 THE HON'BLE MR. JUSTICE P.N.DESAI
                               CRIMINAL APPEAL NO.1121 OF 2013 (A)
                      BETWEEN:

                      M/S. RAJESH EXPORTS LTD.
                      COMPANY INCORPORATED
                      UNDER COMPANY'S ACT AND
                      HAVING ITS OFFICE AT NO.4
                      BATAVIA CHAMBERS
                      KUMARA KRUPA EAST
                      BENGALURU - 560001
                      AND REPRESENTED BY ITS
                      AUTHORIZED OFFICER
                      MR. MANOHAR K. NARANG.
                                                                    ...APPELLANT
                      (BY SRI. RAJU P., ADVOCATE)

                      AND:

                      S. JABBER
Digitally signed by
NAGARATHNA M          MANAGING DIRECTOR OF
Location: HIGH        M/S. ATTINAD GOLD SOUN PVT. LTD.
COURT OF
KARNATAKA             MAIN ROAD
                      NEAR MUNICIPAL OFFICE
                      ATTINGAL - 695101
                      TRIVENDRUM DISTRICT
                      KERALA.
                                                                  ...RESPONDENT
                      (RESPONDENT SERVED)
                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                      378(4) CRIMINAL PROCEDURE CODE, PRAYING TO SET ASIDE
                      THE ORDER OF ACQUITTAL DATED 31.07.2013 PASSED BY THE
                      XV ADDITIONAL C.M.M., BANGALORE IN C.C.NO.6952 OF 2009
                                -2-
                                         CRL.A No. 1121 of 2013




ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I.ACT.

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

Learned counsel for the appellant has filed a memo

dated 21.02.2023 stating that the report of the Inspector-SHO,

Attingal Police Station shows that the respondent died on

01.02.2021 and hence the appeal does not survive for

consideration and the same may be abated. The death

certificate of respondent is also filed to the said effect. Learned

counsel also stated that he ascertained from the complainant

over telephone that the respondent died on 01.02.2021. Memo

is taken on record.

2. In view of memo, the appeal stands dismissed as

abated.

Sd/-

JUDGE

MN