H S Kiran Kumar vs Mallaiah
2023 Latest Caselaw 268 Kant

                                                 -1-
                                                           CRL.A No. 663 of 2017




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 4TH DAY OF JANUARY, 2023

                                               BEFORE
                                THE HON'BLE MR JUSTICE P.N.DESAI
                              CRIMINAL APPEAL NO. 663 OF 2017 (A)
                       BETWEEN:

                       1.   H S KIRAN KUMAR
                            AGED ABOUT 29 YEARS,
                            S/O SHIVANNA,
                            RESIDING AT NO.24-35-1
                            15TH MAIN ROAD,17TH G CROSS,
                            J.C.NAGAR, KURUBARAHALLI,
                            BENGALURU-560061

                                                                  ...APPELLANT

                       (BY SRI. GANGADHAR, ADVOCATE)

                       AND:

                       1.   MALLAIAH
                            AGED ABOUT 60 YEARS,
                            S/O LATE JADE MALLAIAH,
Digitally signed by
RENUKAMBA K G               RESIDING AT NO.41
Location: High Court
of Karnataka
                            10TH MAIN ROAD,
                            4TH BLOCK, NANDINI LAYOUT,
                            BENGALURU-560096

                                                                ...RESPONDENT

                       (BY SRI. Y HARIPRASAD, ADVOCATE)

                            THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C BY
                       THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE
                       THE JUDGMENT AND ORDER DATED 13.02.2017 PASSED BY
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                                         CRL.A No. 663 of 2017




THE XXIII ADDL.C.M.M., BANGALORE IN C.C.NO.3090/2013,
ACQUITTING THE ACCUSED FOR THE OFFENCE P/U/S 138 OF
N.I. ACT.

     THIS CRIMINAL APPEAL COMING ON FOR FINAL HEARING
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

There is no representation on behalf of the appellant as well as the respondent.

As per the Order of this Court dated 21.11.2019, the learned counsel for the respondent has reported that, the respondent is no more and sought time to ascertain the same, and when the case was listed on 13.12.2022, he confirmed that the respondent is no more.

It is noticed that, though the respondent is reported to have died in the year 2019 itself, till today no steps are taken by the learned counsel for the appellant in respect of the deceased respondent. Hence, the appeal stands dismissed as abated.

Sd/-

JUDGE

KGR*