Sri Chandra Shekaran vs Sri R Prasad
2023 Latest Caselaw 368 Kant

                           1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5 T H DAY OF JAN UARY, 2023

                         BEFORE

          THE HON'BLE MR.J USTICE P.N.DESAI

            CRIMINAL APPEAL NO.769 OF 2017
                         C/W
            CRIMINAL APPEAL NO.768 OF 2017


IN CRL.P.No.769/2017
BETWEEN:
SRI. V. RAVIKUMAR,
S/O SRI. VARDARAJ,
AGED ABOUT 45 YEARS,
R/O NO.15, SURYAMAHAL,
PALAM PEAK LAYOUT,
KALKERE MAIN ROAD,
RAMAMURTHY NAGAR,
BENGALURU - 560 016.
                                          ... APPELLANT
(BY SRI.RAJESWARA P.N., ADVOCATE)

AND:
SRI. R. PRASAD,
S/O SRI RAJAN,
AGED MAJOR,
NO.FA225, 2ND CROSS,
2ND MAIN, HAL OLD TOWNSHIP,
BEHIND HAL HOSPITAL,
VIMANAPURA POST,
BENGALURU - 560 017.

ALSO AT
SRI. R. PRASAD,
L304/74131-28 (SHEET METAL DEPT.),
LCA DIVISION, VIMANAPURA POST,
HAL, BANGALORE - 560 017.

ALSO AT
SRI. R. PRASAD,
C/O ARVIND R,
                              2


PROPRIETOR OF
M/S YELLO BOX ENTERPRISES,
NO. 245/B, 2ND BLOCK,
41ST CROSS, 10TH MAIN,
RAJAJINAGAR,
BANGALORE - 560 010.
                                         ...RESPONDENT

       THIS APPEAL IS FILED UNDER SECTION 378(4) OF
CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 13.1.2017 PASSED BY THE LVIII A.C.M.M., MAYO HALL
UNIT, BENGALURU IN C.C.NO.55689/2014 - ACQUITTING THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
ACT.


IN CRL.A.No.768/2017
BETWEEN:
SRI. CHANDRA SHEKARAN,
S/O SRI. SEETHARAMAN,
AGED ABOUT 39 YEARS,
R/O NO.7, BMPG,
1ST FLOOR K.G.COLONY, 3RD CROSS,
G.M.PALYA, NEW THIPPASANDRA POST,
BENGALURU - 560 075.
                                           ... APPELLANT
(BY SRI.RAJESWAR P.N., ADVOCATE)

AND:
SRI. R. PRASAD,
S/O SRI RAJAN,
AGED MAJOR,
NO.FA225, 2ND CROSS,
2ND MAIN, HAL OLD TOWNSHIP,
BEHIND HAL HOSPITAL,
VIMANAPURA POST,
BENGALURU - 560 017.

ALSO AT
SRI. R. PRASAD,
L304/74131-28 (SHEET METAL DEPT.),
LCA DIVISION, VIMANAPURA POST,
                                   3


HAL,
BANGALORE - 560 017.

ALSO AT
SRI. R. PRASAD,
C/O ARVIND R,
PROPRIETOR OF
M/S YELLO BOX ENTERPRISES,
NO. 245/B, 2ND BLOCK,
41ST CROSS, 10TH MAIN,
RAJAJINAGAR,
BANGALORE - 560 010.
                                                             ...RESPONDENT

(NOTICE TO RESPONDENT SERVED, UNREPRESENTED)


       THIS APPEAL IS FILED UNDER SECTION 378(4) OF
CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED       13.01.2017   PASSED       BY   THE       LVIII    ADDL.C.M.M.,
BANGALORE        IN   C.C.NO.55690/2014          -    ACQUITTING      THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
ACT.


       THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

Heard learned counsel for the appellants.

2. It is seen from the Police Report filed in

Crl.A.No.769/2017 that the sole respondent-R.Prasad in

both the appeals, is reported to be dead and Death

Certificate is also produced showing the date of death of

the respondent as 05.03.2020.

Hence, in view of death of the respondent two years

back, both the appeals stand dismissed as abated.

Sd/-

JUDGE

TL