H.D. Mudalagirigowda vs Balakrishna
2023 Latest Caselaw 997 Kant

                                                    -1-
                                                            CRL.A No. 1620 of 2016




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 17TH DAY OF JANUARY, 2023

                                                  BEFORE
                                  THE HON'BLE MR JUSTICE P.N.DESAI
                                 CRIMINAL APPEAL NO. 1620 OF 2016
                      BETWEEN:

                      1.    H.D. MUDALAGIRIGOWDA,
                            S/O. LATE DODDAKALASE GOWDA,
                            AGED ABOUT 74 YEARS,
                            R/AT. NO.953, 1ST PHASE,
                            1ST STAGE, CHANDRA LAYOUT,
                            BANGALORE-560 072.

                                                                      ...APPELLANT

                      (BY SRI. VISHNUMURTHY, ADVOCATE (ABSENT))

                      AND:

                      1.    BALAKRISHNA,
                            AGED ABOUT 61 YEARS,
                            R/AT. NO.2680, "D" BLOCK,
                            2ND STAGE, RAJAJINAGAR,
Digitally signed by
NAGARATHNA M
                            BANGALORE-560 010.
Location: HIGH
COURT OF
KARNATAKA                                                          ...RESPONDENT

                      (BY SRI. L.S. VENKATAKRISHNA, ADVOCATE)

                             THIS CRL.A. FILED UNDER SECTION 378(4) CR.P.C
                      PRAYING TO SET ASIDE THE JUDGMENT DATED 16.07.2016
                      PASSED     BY   THE    XL    ADDL.C.M.M.,   BANGALORE    IN
                      C.C.NO.17828/2007 ACQUITTING THE RESPONDENT/ACCUSED
                      FOR THE OFFENCE P/U/S 138 ON N.I ACT.
                                -2-
                                         CRL.A No. 1620 of 2016




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

                          JUDGMENT

Learned counsel for the appellant is absent.

2. There is no representation for the appellant.

3. The order sheet shows that the appellant is no more

and the time was sought to bring the legal representatives of

deceased appellant on record, but no representation. Therefore,

in view of death of the appellant, the appeal stands abated.

4. It is open to the legal representatives of deceased

appellant, if they intend to prosecute the appeal and if they are

advised so, they are at liberty to file appropriate application in

accordance with law.

Sd/-

JUDGE

KTY