Sri. N.S. Doreswamy vs Smt. N. Anusuyadevi
2023 Latest Caselaw 7378 Kant

                                             -1-
                                                          NC: 2023:KHC:38363
                                                      CRL.A No. 288 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 30TH DAY OF OCTOBER, 2023

                                           BEFORE
                           THE HON'BLE MR JUSTICE G BASAVARAJA
                              CRIMINAL APPEAL NO. 288 OF 2021


                   BETWEEN:

                   SRI. N.S. DORESWAMY,
                   S/O LATE SUBRAMANYA,
                   AGED ABOUT 71 YEARS,
                   RESIDENT OF VIDYANAGARA,
                   2ND CROSS, TURUVEKERE TOWN,
                   TURUVEKERE, TUMKUR DISTRICT - 570 244.
                                                                 ...APPELLANT
                   (BY SRI. NAYEEM PASHA S., ADVOCATE[absent])
                   AND:

                   SMT. N. ANUSUYADEVI,
                   W/O. PAVADEGOWDA,
                   AGED ABOUT 51 YEARS,
                   RESIDENT OF NO.48, 1ST CROSS,
                   26TH MAIN ROAD, JAI MARUTHINAGARA,
Digitally signed
by SANDHYA S       NANDINI LAYOUT, BANGALORE - 560 036.
Location: High                                                ...RESPONDENT
Court of
Karnataka

                        THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C. PRAYING
                   TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED
                   27.11.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,
                   AT TURUVEKERE IN C.C.NO.145/2016 AND THEREBY CONVICT
                   THE RESPONDENT/ACCUSED BY ALLOWING THIS APPEAL 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:
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                                               NC: 2023:KHC:38363
                                           CRL.A No. 288 of 2021




                            JUDGMENT

Learned counsel for the appellant has filed a memo

for withdrawal, in which, it is stated as under:

"That the undersigned counsel appearing for the Appellant is herewith respectfully submits that, this Hon'ble Court may be pleased to permit the Appellant to withdraw the above Appeal as not pressed, since it has been informed by the Trial Court Counsel that the Appellant recently died due to old age & natural death during the pendency of the above Appeal and hence continuation of proceedings in the above Appeal challenging the Judgment of Acquittal passed by the Hon'ble Senior Civil Judge & J.M.F.C. at Turuvekere, in C.C.No.145/2016, vide its order dated: 27.11.2019, becomes infructuous and the same may be taken on record, and dismiss the above Appeal as withdrawn, to meet the ends of justice and equity."

In view of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

KA