State By Mandi Police vs Mujamil Ahmed
2023 Latest Caselaw 4414 Kant

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                                                    CRL.A No. 550 of 2014
                                                        NC: 2023:KHC:24348




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 13TH DAY OF JULY, 2023

                                         BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.550 OF 2014
                   BETWEEN:

                      STATE BY MANDI POLICE
                      STATION - 570 021
                                                               ...APPELLANT
                   (BY SRI. K.NAGESHWARPPA, HCGP)

                   AND:

                      MUJAMIL AHMED
                      S/O RIYAZ AHMED,
                      AGED ABOUT 24 YEARS,
                      NEAR EMAMINAR MASJID,
                      SHANTHINAGAR, MYSORE - 570 001
                                                             ...RESPONDENT

                        THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                   378(1) AND (3) OF CR.P.C PRAYING TO a) GRANT LEAVE TO
Digitally signed   APPEAL AGAINST THE JUDGMENT AND ORDER DATED
by MADHURI S
Location: High     26.04.2014 PASSED IN CRL.A.NO.109/2013 ON THE FILE OF
Court of           THE COURT OF THE V ADDL. SESSIONS JUDGE AT MYSORE
Karnataka
                   THEREBY, ACQUITTING THE ACCUSED / RESPONDENT OF THE
                   OFFENCES PUNISHABLE UNDER SECTIONS 393 OF IPC; b) SET
                   ASIDE THE AFORESAID JUDGMENT AND ORDER OF ACQUITTAL
                   DATED 26.04.2014 PASSED IN CRL.A.NO.109 OF 2013 ON THE
                   FILE OF THE COURT OF V ADDL. SESSIONS JUDGE AT
                   MYSORE, BY ALLOWING THIS CRIMINAL APPEAL; AND c)
                   CONFIRM THE JUDGMENT AND ORDER OF CONVICTION AND
                   SENTENCE DATED 26.03.2013 PASSED IN C.C.NO.2520 OF
                   2009 ON THE FILE OF THE LEARNED PRL. FIRST CIVIL JUDGE
                   AND JMFC, AT MYSORE, IN THE INTEREST OF JUSTICE AND
                   EQUITY.
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                                     CRL.A No. 550 of 2014
                                           NC: 2023:KHC:24348




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

                           JUDGMENT

Learned HCGP has filed a memo along with report of

concerned Police and death certificate of the

respondent/accused.

Since this is an appeal filed by the State challenging

the judgment and order of acquittal of the

respondent/accused for the offence punishable under

Section 138 of the Negotiable Instruments Act, 1881, on

the death of the respondent/accused, appeal abates.

Accordingly, appeal is dismissed as abated.

Sd/-

JUDGE

MDS