Shivarudrappa S/O ... vs Bhimrao Dhori
2023 Latest Caselaw 6816 Kant

                                          -1-
                                                 NC: 2023:KHC-K:7688
                                                 CRL.A No. 200036 of 2016




                            IN THE HIGH COURT OF KARNATAKA

                                   KALABURAGI BENCH

                       DATED THIS THE 26TH DAY OF SEPTEMBER, 2023

                                        BEFORE

                     THE HON'BLE MR. JUSTICE VENKATESH NAIK T.

                          CRIMINAL APPEAL NO.200036/2016


                   BETWEEN:

                      SHIVARUDRAPPA
                      S/O. SHIVASHARNAPPA WALI
                      AGE: 67 YEARS,
                      OCCP:BUSINESS PARTNER
                      IN S.S. WALI TYRE CENTRE
                      R/O. NEHRU GUNJ,
                      KALABURAGI.
                                                         ...APPELLANT
                   (BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
Digitally signed
by SHILPA R        AND:
TENIHALLI
Location: HIGH
COURT OF              SRI BHEEMRAO DHORI
KARNATAKA
                      PROP. OF NEW DHANALAXMI ROAD LINES,
                      TRANSPORTER, CONTRACTOR AND
                      COMMISSION AGENT,
                      ACC MAIN ROAD, POST WADI
                      TQ. CHITTAPUR
                      DIST. KALABURAGI.
                                                      ...RESPONDENT

                   (BY SRI ANAVEER SWADI & SRI R.H. RAO, ADVOCATES)
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                                    NC: 2023:KHC-K:7688
                                    CRL.A No. 200036 of 2016




     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.P.C., PRAYING TO SET ASIDE THE
JUDGMENT DATED:19.01.2016 PASSED BY THE III ADDL.
CIVIL JUDGE & JMFC KALABURAGI IN C.C.NO.1652/2009
CONSEQUENTLY     BE    PLEASED TO   CONVICT   THE
RESPONDENT FOR THE OFFENCE PUNISHABLE UNDER
SECTIION 138 OF N.I. ACT.

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

                        JUDGMENT

Learned counsel for appellant submits that appellant

is died, but where about of his legal representatives are

not known to him, hence, he prayed to dismiss the appeal.

2. Perused the appeal and the impugned judgment

passed by the trial Court.

3. This appeal is filed by the complainant against

accused aggrieved by the judgment of acquittal passed by

the trial Court for the offence under Section 138 of

Negotiable Instruments Act.

4. In view of the submission made by the learned

counsel for appellant, appeal is dismissed, as steps not

NC: 2023:KHC-K:7688 CRL.A No. 200036 of 2016

taken for brining the legal representatives of appellant on

record.

Sd/-

JUDGE

SBS