Naveen Finance Corporation vs K. Devakar
2024 Latest Caselaw 9847 Kant

Karnataka High Court

Naveen Finance Corporation vs K. Devakar on 4 April, 2024

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                                                        CRL.A No.449 of 2018
                                                          NC: 2024:KHC:13823



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 4TH DAY OF APRIL, 2024

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                            CRIMINAL APPEAL NO.449 OF 2018
                   BETWEEN:

                      NAVEEN FINANCE CORPORATION
                      BUS STAND AREA, SHIKARIPURA,
                      BY ITS PARTNER P.R.SUKUMAR,
                      S/O P.S.RAJARAO,
                      AGED ABOUT 65 YEARS,
                      SHIKARIPURA TOWN,
                      SHIKARIPURA TALUKA,
                      SHIVAMOGGA DISTRICT - 577 427
                                                                ...APPELLANT
                   (BY SRI. R B DESHPANDE, ADVOCATE)

                   AND:

                      K. DEVAKAR
                      S/O MAHADEVAPPA,
                      AGED ABOUT 55 YEARS
Digitally signed      R/O KAGINALLI VILLAGE AND POST,
by MADHURI S          SHIKARIPURA TALUK,
Location: High        SHIVAMOGGA DISTRICT - 577 427
Court of
Karnataka                                                     ...RESPONDENT
                   (BY SRI. GIRISH BANDI, ADVOCATE)

                        THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
                   PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF
                   ACQUITTAL DATED 08.01.2018 PASSED BY THE SENIOR CIVIL
                   JUDGE AND J.M.F.C., SHIKARIPURA IN C.C.NO.430/2017 AND
                   CONVICT THE RESPONDENT FOR AN OFFENCE PUNISHABLE
                   UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, IN
                   THE INTEREST OF JUSTICE.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
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                                            CRL.A No.449 of 2018
                                              NC: 2024:KHC:13823



                           JUDGMENT

Learned counsel for the appellant confirms the fact

that respondent is no more.

Since this appeal is filed by the complainant against

the acquittal of the respondent/accused, on the death of

the respondent/accused, appeal abates.

The Registry is directed to send back the trial Court

Records along with copy of this order.

In view of dismissal of appeal, all pending

application/s, if any, stand disposed of, since no further

order is required.

Sd/-

JUDGE

MDS