Sri P.Saldanha vs Sri Hasan Kunhi P.M
2023 Latest Caselaw 1821 Kant

                                                -1-
                                                           CRL.A No. 47 of 2013




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 13TH DAY OF MARCH, 2023

                                               BEFORE
                              THE HON'BLE MR JUSTICE P.N.DESAI
                                CRIMINAL APPEAL NO.47 OF 2013
                   BETWEEN:

                   1.    SRI P.SALDANHA
                         AGED ABOUT 59 YEARS
                         S/O P.S. SALDANHA
                         RA/T FATHIMA GARDEN
                         VELLENSIA
                         MANGALORE
                         D.K.-575002

                                                                    ...APPELLANT
                   (BY SRI. T HAREESH BHANDARY., ADVOCATE)

                   AND:

                   1.    SRI HASAN KUNHI P.M.
                         AGED ABOUT 62 YEARS
                         R/AT MOHIDDIN KUNHI
                         JAMEELA MANZIL
                         OORUMANE CROSS, NATEKAL
Digitally signed         P.O. ASAIGOLI
by VALLI M
Location: High
                         MANGALORE TALUK-575002
Court of
Karnataka                                                         ...RESPONDENT
                   (BY SRI. S G BHAGAVAN., ADVOCATE)

                        THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C. PRAYING
                   TO SET ASIDE THE ORDER OF ACQUITTAL DATED 20.10.2012
                   PASSED BY THE J.M.F.C.-V, MANGALORE IN C.C.NO.1668/2006 -
                   ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S
                   138 OF N.I.ACT.

                        THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
                   THE COURT DELIVERED THE FOLLOWING:
                               -2-
                                         CRL.A No. 47 of 2013




                         JUDGMENT

Learned counsel for the sole respondent has filed a memo

stating that the respondent is reported to be dead as per the

postal endorsement received by him and the telephone

message also says that such number does not exist. He has

produced the memo along with a copy of postal shara.

2. In view of death of the sole respondent, the appeal

stands dismissed.

Sd/-

JUDGE

MV