Sri Y B Narayan vs Sri Sampath Kumar C
2023 Latest Caselaw 8956 Kant

Karnataka High Court

Sri Y B Narayan vs Sri Sampath Kumar C on 29 November, 2023

Author: Rajendra Badamikar

Bench: Rajendra Badamikar

                                           -1-
                                                 CRL.A No. 1115 of 2019
                                                     NC: 2023:KHC:43107




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                       BEFORE
                  THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                         CRIMINAL APPEAL NO. 1115 OF 2019
               BETWEEN:

               SRI. Y.B. NARAYAN,
               AGED ABOUT 64 YEARS,
               S/O L.BORAIAH,
               R/AT NO.19,
               BETWEEN 6TH AND
               8TH MAIN, 17TH CROSS,
               MALLESWARAM,
               BENGALURU - 560 003.
                                                           ...APPELLANT
               (BY SRI. KUMAR RAM C.M., ADVOCATE)

               AND:

               SRI. SAMPATH KUMAR C.,
               AGED ABOUT 57 YEARS,
Digitally
signed by      S/O LATE CHENNAIAH,
SOWMYA D       R/AT NO.515/A, 1ST FLOOR,
Location:      2ND CROSS,
High Court     KEMPEGOWDA LAYOUT,
of Karnataka
               BANASHANKARI II STAGE,
               BENGALURU - 560 085.
                                                         ...RESPONDENT
               (RESPONDENT SERVED)

                   THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO
               SET ASIDE THE IMPUGNED JUDGMENT DATED 30.04.2019,
               PASSED BY THE VI ADDITIONAL SMALL CAUSES JUDGE AND
                              -2-
                                     CRL.A No. 1115 of 2019
                                         NC: 2023:KHC:43107




XXXI A.C.M.M., AT BENGALURU IN C.C.NO.2131/2011,
ACQUITTING THE RESPONDENTS/ACCUSED FOR THE OFFENCE
P/U/S 138 OF THE N.I ACT.

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

Learned counsel for the appellant is present.

2. It is submitted that on 28.07.2022 itself, the

appellant has expired and a memo is also filed to this

effect. However, the same was not reported to the Court

earlier. All along, the legal heirs have not taken any

initiation to come on record, so as to prosecute the

matter.

As such, the appeal stands abated.

Sd/-

JUDGE

URN

CT:SNN