Sri S C Mohan Kumar vs C Anil Machaiah
2023 Latest Caselaw 7608 Kant

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                                                    NC: 2023:KHC:39728
                                             CRL.RP No. 1075 of 2016




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 7TH DAY OF NOVEMBER, 2023

                                    BEFORE
                    THE HON'BLE MR JUSTICE ANIL B KATTI
              CRIMINAL REVISION PETITION NO. 1075 OF 2016
             BETWEEN:

                SRI S.C.MOHAN KUMAR
                S/O CHALUVAIAH,
                AGED ABOUT 49 YEARS,
                R/AT NO.15, HOUSING BOARD,
                NEAR ANJANEYA TEMPLE, USHA COMPLEX,
                SOMWARPET ROAD, SOMWARPET TALUK,
                KODAGU DISTRICT - 571 233.
                                                         ...PETITIONER
             (BY SRI. VISHAL KUMAR, ADVOCATE FOR
                 SRI.PRATHEEP K.C., ADVOCATE)
             AND:
                C.ANIL MACHAIAH
                S/O LATE C.M. MACHAIAH,
                AGED ABOUT 40 YEARS,
Digitally       R/AT, NAKOOR, SHIRANGALA VILLAGE,
signed by       SOMWARPET TALUK,
SUMITHRA R
                KODAGU DISTRICT - 581 233.
Location:                                               ...RESPONDENT
HIGH COURT
OF           (BY SRI.SHOBITH N SHETTY, ADVOCATE)
KARNATAKA
                  THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C,
             PRAYING TO SET ASIDE THE JUDGMENTS DATED 19.07.2016
             PASSED BY THE I ADDL. DIST. AND S.J., KODAGU AT
             MADIKERI IN CRL.A.NO.54/2015 AND IN C.C.NO.948/2012
             DATED 24.06.2015 PASSED BY ADDL. CIVIL JUDGE AND JMFC,
             MADIKERI AND ACQUIT THE PETITIONER FOR THE OFFENCES
             P/U/S 138 OF N.I ACT.

                  THIS PETITION, COMING ON FOR HEARING, THIS DAY,
             THE COURT MADE THE FOLLOWING:
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                                                 NC: 2023:KHC:39728
                                           CRL.RP No. 1075 of 2016




                               ORDER

Sri Vishal Kumar, learned counsel representing

Sri.Pratheep K C, counsel for the Revision Petitioner,

present. Sri Shobith N Shetty, learned counsel for the

respondent, present.

2. Learned counsel for the Revision petitioner

submits that he has already filed a memo dated 3.10.2018

and produced the death extract and showed the

acknowledgement issued by the office of this Court.

However, the same was not placed in the file and the

concerned branch was directed to put up the memo with

the death extract.

3. The memo with death extract is put up in the

second half along with the records. Perused the death

extract and it is reported that the Revision Petitioner,

Sri Mohan S C s/o.Chaluvaiah died on 6.9.2018. The death

extract produced by the Revision Petitioner/accused has

been verified with the Trial Court records and also the

judgment of both the courts below and it is found that the

NC: 2023:KHC:39728 CRL.RP No. 1075 of 2016

same matches with the name of the Revision

Petitioner/accused shown in the records.

4. The Revision Petitioner/accused is challenging the

concurrent findings of both the courts below for convicting

him for the offence under Section 138 of the N.I. Act. In

view of death of Revision Petitioner/accused, the Revision

Petitioner is ordered to be abated and accordingly, the

Revision Petition is disposed of.

SD/-

JUDGE

rs