Dr P D Ekambaram vs K Naganna
2023 Latest Caselaw 4024 Kant

                                        -1-
                                              CRL.A No. 1871 of 2018
                                                   NC: 2023:KHC:23175




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 5TH DAY OF JULY, 2023

                                      BEFORE
                      THE HON'BLE MS JUSTICE J.M.KHAZI
                      CRIMINAL APPEAL NO.1871 OF 2018
              BETWEEN:

                  DR. P D EKAMBARAM
                  S/O LATE DR. P C DORESWAMY,
                  AGED ABOUT 69 YEARS
                  R/AT DEVEERAMMANAHALLI EXTENSION,
                  KASABA HOBLI, NANJANGUD TALUK,
                  MYSORE DISTRICT - 571 301
                                                          ...APPELLANT
              (BY SRI. CHANDRASHEKARA K A, ADVOCATE)

              AND:

                  K NAGANNA
                  S/O SRIKANTAIAH,
                  R/O C/O NANJARAJE URS,
                  AVAILABLE AT SUB REGISTRAR OFFICE,
                  BENGALURU NEELAGIRI HIGH WAY,
Digitally signed  NANJANGUD,
by REKHA R        MYSORE DISTRICT - 571 301
Location: High                                          ...RESPONDENT
Court of
Karnataka        (BY SRI. N.NANJUNDASWAMY, ADVOCATE)

                   THIS CRIMINAL APPEAL IS FILED UNDER SECTION
              378(2) OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED
              28.09.2017 PASSED IN C.C.NO.768/2012 BY THE LEARNED
              PRINCIPAL CIVIL JUDGE & J.M.F.C., NANJANGUD, MYSURU
              DISTRICT AND RESTORE THE CASE TO ITS ORIGINAL FILE FOR
              THE OFFENCE PUNISHABLE UNDER SECTION 138 OF
              NEGOTIABLE INSTRUMENTS ACT, TO MEET THE ENDS OF
              JUSTICE.

                  THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
              COURT DELIVERED THE FOLLOWING:
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                                      CRL.A No. 1871 of 2018
                                           NC: 2023:KHC:23175




                           JUDGMENT

No representation for appellant.

No representation for appellant even in the afternoon

session.

Respondent is reported to be dead.

This appeal is filed challenging the order dated

28.09.2017 in C.C.No.768/2012 passed by Prl.Civil Judge

& JMFC., Nanjangud, Mysuru District, for the offence

punishable under Section 138 of N.I.Act, whereby the trial

Court has dismissed the complaint on the ground that

complainant has not tendered himself for cross-

examination.

In view of the death of respondent/accused, the

appeal abates.

Accordingly, appeal is dismissed as abated.

Sd/-

JUDGE RR