Sri P Baya Reddy vs Sri N Venkatachalapathi
2024 Latest Caselaw 10483 Kant

Karnataka High Court

Sri P Baya Reddy vs Sri N Venkatachalapathi on 16 April, 2024

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                                                              NC: 2024:KHC:15030
                                                          CRL.RP No. 567 of 2021




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 16TH DAY OF APRIL, 2024

                                               BEFORE
                              THE HON'BLE MR JUSTICE UMESH M ADIGA
                           CRIMINAL REVISION PETITION NO. 567 OF 2021
                       BETWEEN:
                       SRI. P. BAYA REDDY,
                       S/O LATE CHOWDAPPA,
                       AGED ABOUT 73 YEARS,
                       R/AT SALAMAKALAHALLI VILLAGE,
                       CHILAKALANERPU HOBLI,
                       CHINTAHAMANI TALUK,
                       CHIKKABALLAPURA DISTRICT - 563 125.
                                                                   ...PETITIONER
                       (BY SRI. B.V. SRINATH, ADVOCATE FOR
                          SRI. NANJUNDA GOWDA M.R, ADVOCATE)


                       AND:
Digitally signed by
ANNAPURNA G
Location: HIGH COURT   SRI. N. VENKATACHALAPATHI,
OF KARNATAKA

                       S/O P.L. NARAYANASWAMY,
                       AGED ABOUT 59 YEARS,
                       R/AT M/S JAYAPRAKASH SILK HOUSE,
                       M.G. ROAD, CHINTAMANI TOWN,
                       CHIKKABALLAPUR DISTRICT - 563 125.
                                                                  ...RESPONDENT
                       (BY SRI. BABU NARAYAN P.S, ADVOCATE)
                                  -2-
                                                NC: 2024:KHC:15030
                                            CRL.RP No. 567 of 2021




      THIS CRL.RP IS FILED U/S.397 R/W 401 OF CR.P.C.,
PRAYING TO SET ASIDE THE ORDER OF CONVICTION AND
SENTENCE AND FINE IMPOSED BY THE LEARNED PRL.CIVIL
JUDGE AND JMFC AT CHINTAMANI VIDE JUDGMENT AND
ORDER DATED 03.12.2018 PASSED IN C.C.NO.780/2013 AND
JUDGMENT BY CONVICTING FOR THE OFFENCE P/U/S 138 OF
THE N.I ACT AND SENTENCED HIM TO UNDERGO S.I FOR ONE
YEAR SIX MONTHS AND TO PAY FINE OF RS.10,80,000/- IN
DEFAULT HE SHALL UNDERGO S.I FOR A PERIOD OF 5
MONTHS AND JUDGMENT AND ORDER DATED 26.03.2021
PASSED IN CRL.A.NO.83/2018 ON THE FILE OF THE II
ADDITIONAL        DISTRICT        AND         SESSIONS     JUDGE,
CHIKKABALLAPURA       (SITTING         AT   CHINTAMANI)   AND    BY
DISMISSING THE APPEAL THE PETITIONER BE PLEASED TO
ACQUIT FOR THE OFFENCE P/U/S 138 OF THE N.I ACT.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

Learned advocate for the petitioner is present and

submits that the petitioner has died on 03.07.2023 and he has

produced the death certificate of the petitioner. In the death

certificate, name of the petitioner is mentioned as

"P.Byayappa" son of late Chowdappa. But the learned advocate

for petitioner submits that both are name of same person.

NC: 2024:KHC:15030

2. Learned advocate for respondent is absent.

3. In view of the submission of learned advocate for

the petitioner, petitioner is dead and the revision petition

abates.

Registry is directed to send TCR along with copy of this

order.

Sd/-

JUDGE

JS

CT: BHK