J R Anantharaman vs H K Khaleemulla
2023 Latest Caselaw 373 Kant

                                            -1-
                                                      CRL.A No. 247 of 2012




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 5TH DAY OF JANUARY, 2023

                                          BEFORE
                           THE HON'BLE MR JUSTICE P.N.DESAI
                         CRIMINAL APPEAL NO. 247 OF 2012 (A)
              BETWEEN:

              J R ANANTHARAMAN,
              S/O LATE J.A.R. AVADHANI,
              AGED 53 YEARS,
              MONEY LENDER,
              R/O FORT ROAD,
              SHIMOGA.

                                                                 ...APPELLANT

              (BY SRI. B.S. PRASAD., ADVOCATE -ABSENT)

              AND:

              H K KHALEEMULLA,
              S/O H.K.A. JABBAR,
              MAJOR, R/O TANK MOHALLA,
              OCC: TAILOR AND CLOTH MERCHANT,
              4TH CROSS, SHIMOGA.
Digitally signed by
NAGARATHNA M                                                     ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA           (BY SRI. ABUBACKER SHAFI, ADVOCATE FOR M/S ABUBACKER SAFI
                       & ASSOCIATES-ABSENT)


                   THIS APPEAL IS FILED U/S.378(4) CR.P.C PRAYING TO SET
              ASIDE THE ORDER OF ACQUITTAL DATED:19.12.11 PASSED BY THE
              SJ AND FTC-I, SHIMOGA IN CRL.A.NO.97/11-ACQUITTING THE
              RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER
              SECTION 138 OF N.I.ACT. AND RESTORE THE ORDER OF
              CONVICTION ORDER DATED;7.5.11 PASSED BY THE JMFC-II AT
              SHIMOGA IN C.C.NO.2868/09.
                                   -2-
                                                  CRL.A No. 247 of 2012




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

When the case was called out in the morning session, there

was no representation. Even during post-lunch session, when the

case is called out, there is no representation.

It is seen that the appellant is no more and earlier this Court

by order dated 08.11.2022, had made it clear that if steps are not

taken by the next date of hearing, necessary orders would be passed

for dismissal of the appeal. Inspite of the same, today also i.e., on

05.01.2023, no steps are taken. Subsequently, on two more dates,

learned counsel for the appellant sought time and this Court by order

dated 04.01.2023 had made it clear that if steps are not taken by

05.01.2023, the appeal would be dismissed.

Today also i.e., 05.01.2023, there is no representation for the

appellant and as the appellant is no more, the appeal stands

dismissed as abated.

Sd/-

JUDGE

MN