Sri. B. V. Sampath vs M/S. Anuradha Properties ...
2023 Latest Caselaw 1661 Kant

                                                 -1-
                                                            CRL.A No. 1500 of 2017




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 1ST DAY OF MARCH, 2023

                                               BEFORE
                                 THE HON'BLE MR JUSTICE P.N.DESAI
                                CRIMINAL APPEAL NO.1500 OF 2017 (A)


                      BETWEEN:

                      1.    SRI B.V. SAMPATH
                            S/O. LATE SRI VALLAPPA
                            AGED ABOUT 65 YEARS
                            R/AT NO.16, 28TH CROSS
                            GEETHA COLONY, JAYANAGAR
                            BANGALORE - 560 011.
                                                                      ...APPELLANT
                      (BY MS. HEENA, ADVOCATE FOR
                      SRI SANTOSH S. GOGI, ADVOCATE)

                      AND:

                      1.    M/S. ANURADHA PROPERTIES
                            TOWNSHIP AND PVT. LTD.
                            HAVING ITS HEAD OFFICE
Digitally signed by         #G1, RELIANCE KRISHNA APARTMENTS
NAGARATHNA M
Location: HIGH              HICC FORT ROAD, ADARSH NAGAR
COURT OF
KARNATAKA
                            HYDERABAD-29
                            REPRESENTED BY ITS DIRECTORS

                            BRANCH OFFICE 603, 15TH CROSS
                            6TH PHASE, J.P. NAGAR
                            BENGALURU - 560 078.

                      2.    SRI RAMCHANDRA REDDY
                            DIRECTOR AND AUTHORISED SIGNATORY
                            BRANCH OFFICE 603, 15TH CROSS
                            6TH PHASE, J.P. NAGAR
                            BENGALURU - 560 078.
                               -2-
                                    CRL.A No. 1500 of 2017




3.   SRI RAJSHEKHAR REDDY
     DIRECTOR
     BRANCH OFFICE 603, 15TH CROSS,
     6TH PHASE, J.P. NAGAR
     BENGALURU-560 078

     BOTH RESPONDENT NOS.2 AND 3 ARE
     ALSO AT #G1, RELIANCE KRISHNA APARTMENTS
     HICC FORT ROAD, ADARSH NAGAR
     HYDERABAD - 29.
                                            ...RESPONDENTS
(BY SRI B. KRISHNA GOWDA, ADVOCATE)

     THIS CRL.A IS FILED U/S.378(4) OF CR.P.C., PRAYING
TO SET ASIDE THE JUDGMENT IN C.C.NO.28284/2014 BY
ORDER DATED 21.04.2017, PASSED BY THE HON'BLE XXII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE
AND FURTHER BE PLEASED TO ALLOW THE COMPLAINT BY
CONVICTING THE RESPONDENTS UNDER SECTION 138 OF THE
N.I. ACT AND IMPOSE MAXIMUM PUNISHMENT UPON THE
RESPONDENTS, AND GRANT SUCH OTHER AND FURTHER
RELIEFS AS ARE JUST, INCLUDING THE COSTS OF THIS
APPEAL.

     THIS APPEAL COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Learned counsel for the appellant submitted that the

appellant died and the same is reported in March 2021. As is

evident from the order sheet nearly two years have been

lapsed, no steps have been taken. Therefore, the appeal

stands dismissed as abated.

CRL.A No. 1500 of 2017

However, the legal representations of the appellant are at

liberty to file necessary application in accordance with law if

they intend to prosecute the appeal.

In view of dismissal of main appeal, I.A.Nos.1/2018 and

1/2017 do not survive for consideration and the same stand

disposed of accordingly.

Sd/-

JUDGE

VMB