Padmanaba Rao vs Nagaraj
2023 Latest Caselaw 2852 Kant

                                        -1-
                                                   CRL.A No. 1218 of 2012




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 2ND DAY OF JUNE, 2023

                                      BEFORE
                       THE HON'BLE MS JUSTICE J.M.KHAZI
                       CRIMINAL APPEAL NO.1218 OF 2012
               BETWEEN:

                  PADMANABA RAO
                  S/O MANJUNATHA RAO
                  AGED ABOUT 62 YEARS
                  R/AT NO.194, 8TH MAIN
                  BEHIND VIDYAPEET
                  GURURAJA LAYOUT, BSK 1ST STAGE
                  BENGALURU -560 028

                                                             ...APPELLANT
               (BY SRI. SOMASHEKARA HARI &
                   SRI. M SHASHIDHARA, ADVOCATES)

               AND:

                  NAGARAJ
                  MAJOR
Digitally
signed by         R/AT ANJANADRI, NO.Y-2
REKHA R           1ST FLOOR, ABOVE SRINIVASA
Location:         STEEL TRADERS, 6TH MAIN
High Court
of Karnataka      4TH PHASE, 7TH BLOCK, BSK
                  III STAGE, BENGALURU - 560 085

                                                           ...RESPONDENT
               (BY SRI. R.V.RAJASHEKARA, ADVOCATE)

                    THIS CRIMINAL APPEAL IS FILED UNDER SECTION
               378(4) OF THE CODE OF CRIMINAL PROCEDURE BY THE
               ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON'BLE
               COURT MAY BE PLEASED TO SET ASIDE THE AFORESAID
               JUDGMENT AND ORDER IN C.C.NO.7191/2008 DATED
               10.09.2012 WHICH IS PASSED BY THE XII ADDITIONAL CHIEF
                                -2-
                                        CRL.A No. 1218 of 2012




METROPOLITAN MAGISTRATE COURT, BENGALURU CITY AND
CONVICT THE RESPONDENT / ACCUSED FOR THE OFFENCES
PUNISHABLE UNDER      SECTION 138 OF N.I.ACT, IN
ACCORDANCE WITH LAW AND PASS SUCH OTHER ORDERS
THAT,  THIS   HON'BLE   COURT  DEEMS   FIT  IN  THE
CIRCUMSTANCES OF THE CASE BY ALLOWING THIS APPEAL IN
THE ENDS OF JUSTICE.

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

                         JUDGMENT

Learned counsel for appellant submits that as per the

information received from learned counsel for respondent,

respondent is no more.

Since the appeal is against acquittal of respondent, with

his death appeal abates . Accordingly, appeal is dismissed as

abated.

Sd/-

JUDGE

RR