J R Anantharaman vs Mohammed Illiyas Ahamed
2023 Latest Caselaw 7380 Kant

                                                -1-
                                                            NC: 2023:KHC:38437
                                                         CRL.A No.1251 of 2012




                        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.1251 OF 2012 (A)
                   BETWEEN:

                   1.    J R ANANTHARAMAN
                         S/O LATE J A R AVADHANI
                         AGED ABOUT 54 YEARS
                         R/O FORT ROAD
                         SHIMOGA-577201
                                                                   ...APPELLANT
                   (BY SRI. R B DESHPANDE, ADVOCATE)

                   AND:

                   1.    MOHAMMED ILLIYAS AHAMED
                         S/O LATE SHEIR MOHIYUDDIN
                         MAJOR
                         NO.120, NO.3 BEEDI WORKS
Digitally signed
by SANDHYA S             BEHIND SANTHE MAIDAN, MILLAGHATTA
Location: High           SHIMOGA-577201
Court of
Karnataka          2.    N S SANAULLA
                         S/O O.B. ABDUL SATTAR
                         MAJOR, RETIRED HEAD MASTER
                         HOUSE IN SITE NO.33, OPP. AKSHAYA AND NIDHI
                         NIVAS, 1ST STAGE, 2ND CROSS,
                         RAMA MANOHARA LOHIYA NAGAR
                         SHIMOGA - 577 201
                         Appeal against R2 is abated (vide order dated
                         (09.06.2023
                                                                   ...RESPONDENTS
                   (BY SRI. SHAMS AHMED PATHAN, ADVOCATE)
                                -2-
                                               NC: 2023:KHC:38437
                                            CRL.A No.1251 of 2012




      CRL.A. FILED U/S.378(4) OF CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED
11.09.2012 PASSED BY THE J.M.F.C.-II COURT, SHIMOGA IN
C.C.NO.4020/2009      (460/2000)-    ACQUITTING    THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
N.I.ACT; I.A.NO.1/2012 FOR SPECIAL LEAVE.I.A.NO.1/2012
FILED BY THE ADV. FOR THE APPELLANT PRAYING TO GRANT
SPECIAL LEAVE TO FILE AN APPEAL AGAINST THE JUDGMENT
AND ORDER OF ACQUITTAL DATED 11.09.2012 PASSED BY
THE J.M.F.C.-II COURT, SHIMOGA IN C.C.NO.4020/2009
(460/2000) FOR THE REASONS STATED THEREIN.

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

Case called out. None appears.

Perusal of order sheet dated 25th July, 2023 reveals that

on 07th March, 2023, learned Counsel for the Appellant

submitted that the appellant is no more. On 09th June, 2023,

the death of respondent No.2 is reported and the case against

respondent No.2 is already abated.

Considering all these facts, this Court passed order on

25th July, 2023 as under:

"On 07.03.2023, learned counsel for the appellant submitted that appellant is no more.

On 09.06.2023, the death of respondent No.2 is reported.

NC: 2023:KHC:38437 CRL.A No.1251 of 2012

At the request of learned counsel for appellant, as a last chance, three weeks time is granted to do the needful.

If necessary steps are not taken on the next date of hearing, necessary orders would be passed for dismissal of the appeal."

No steps taken as on today.

Hence appeal is dismissed.

Sd/-

JUDGE

LNN