Sri.L.C.Dayananda vs Smt.P.S.Vani
2024 Latest Caselaw 19459 Kant

Karnataka High Court

Sri.L.C.Dayananda vs Smt.P.S.Vani on 2 August, 2024

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                                                     NC: 2024:KHC:30564
                                                  CRL.A No. 505 of 2014




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 2ND DAY OF AUGUST, 2024

                                      BEFORE
                       THE HON'BLE MRS JUSTICE M G UMA
                        CRIMINAL APPEAL NO. 505 OF 2014
            BETWEEN:

            SRI.L.C.DAYANANDA
            S/O. CHINNAPPA,
            AGED ABOUT 47 YEARS,
            R/O LAKKAVALLI VILLAGE,
            TARIKERE TALUK.
                                                           ...APPELLANT
            (BY SRI. G S BALAGANGADHAR., ADVOCATE)

            AND:

            SMT.P.S.VANI
            D/O.P.SHANMUGAM,
            AGED ABOUT 37 YEARS,
            ASSISTANT TEACHER,
Digitally   GOVERNMENT TAMIL SCHOOL,
signed by
ANAND N     AZAD PARK,
Location:   CHIKMAGALUR CITY.
HIGH
COURT OF
KARNATAKA                                               ...RESPONDENT
            (BY SRI. N R RAVIKUMAR ., ADVOCATE)

                  THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
            SET ASIDE THE ORDER DATED:18.1.2014 PASSED BY THE II
            ADDL.DIST.& SESSIONS JUDGE, CHIKAMAGALUR, IN
            CRL.APPEAL.NO.59/13         -       ACQUITTING      THE
            RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF
            N.I. ACT.I.A.NO.1/14 FOR SPECIAL LEAVE.

                THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
            JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                               -2-
                                              NC: 2024:KHC:30564
                                          CRL.A No. 505 of 2014




CORAM: HON'BLE MRS JUSTICE M G UMA


                         ORAL JUDGMENT

Learned counsel for the appellant submits that the

appellant has already died and the same is reported before this

Court on the previous hearing dates i.e., on 20.11.2023,

05.12.2023 and 30.07.2024. He further submits that he has

not received any instructions from appellant's side. The order

sheet dated 30.07.2024 reads as under:

"Learned counsel for the appellant again prays

for two weeks time to take steps against the

deceased appellant. The death of the appellant was

reported on 20.11.2023. Even till today, learned

counsel for the appellant is not aware of the date of

death of the appellant nor he know about the details

of the legal representatives left behind by the

deceased.

The appeal is of the year 2014. I do not find

any reason to adjourn the matter as the appeal is

already abated. However, to afford one more

NC: 2024:KHC:30564

opportunity to the appellant, list finally as last

chance on 02.08.2024."

In view of the submission made by the learned counsel

for the appellant, the appeal stands dismissed as abated.

Sd/-

(M G UMA) JUDGE

RB