H N Nanjundaiah vs Ramya Ram Kumar
2024 Latest Caselaw 12798 Kant

Karnataka High Court

H N Nanjundaiah vs Ramya Ram Kumar on 7 June, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                               -1-
                                                           NC: 2024:KHC:19888
                                                        CRL.A No. 182 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 7TH DAY OF JUNE, 2024

                                             BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL No. 182 OF 2019
                      BETWEEN:

                          H N NANJUNDAIAH
                          S/O NANJE GOWDA
                          AGED ABOUT 76 YEARS
                          R/AT No.23, LAKSHMI RANGANATHA NILAYA
                          C K M ROAD, KRISHNAPPA LAYOUT
                          SANJAY NAGAR
                          BANGALORE - 560 094.
                                                                  ...APPELLANT


Digitally signed by   (BY SRI BHADRAVADI SIDDESWARA, ADVOCATE - ABSENT)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        AND:
COURT OF
KARNATAKA
                          RAMYA RAM KUMAR
                          W/O LATE RAM KUMAR R
                          AGED ABOUT 51 YEARS
                          R/AT No23, LAKSHMI RANGANATHA NILAYA
                          C.K.M ROAD, KRISHNAPPA LAYOUT
                          SANJAY NAGAR
                          BANGALORE - 560 094.
                          AMENDED CAUSE TITILE AS PER DTD. 22.8.2023.
                                                                ...RESPONDENT

                           THIS CRL.A. IS FILED U/S 378(4) CR.P.C PRAYING TO
                      SET ASIDE THE JUDGMENT DATED 07.12.2018 PASSED BY THE
                      XVIII A.C.M.M., BANGALORE IN C.C.No.24621/2011 -
                      ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
                      P/U/S 138 ON N.I ACT.
                              -2-
                                           NC: 2024:KHC:19888
                                      CRL.A No. 182 of 2019




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

1. This appeal is filed praying to set aside the judgment

of acquittal dated 07.12.2018 passed in

C.C.No.24621/2011 by the XVIII Additional Chief

Metropolitan Magistrate, Bengaluru, whereunder, the

respondent has been acquitted for the offence under

Section 138 of the Negotiable Instruments Act, 1881.

2. During the pendency of the present appeal, the

respondent - accused reported dead and noting the same,

this Court by order dated 24.02.2023 dismissed the

appeal as abated. Thereafter, counsel for the appellant -

complainant filed I.A.No.3/2023 seeking recall of the order

dated 24.02.2023 and I.A.No.2/2023 seeking condonation

of delay of 142 days in filing the recalling application and

I.A.No.1/2023 filed under Section 378(3) of Cr.P.C to

implead Smt.Ramya, wife of the respondent / accused as

the legal heir of the deceased respondent / accused. All

NC: 2024:KHC:19888

the three applications came to be allowed by this Court by

order dated 22.08.2023.

3. None appeared for the appellant.

4. Sub Section (1) of Section 394 of Cr.P.C, provides

that; "every appeal under Sections 377 or 378 shall finally

abate on the death of the accused."

5. The present appeal is being filed under Section 378

will abate on the death of the respondent - accused. The

constitutional validity of Section 378(4) r/w Section

394(1) of Cr.P.C has come up for consideration before the

Co-ordinating Bench of this Court in the case of

G.Varadaraju Vs. Union of India in

W.P.No.13145/2022, wherein the Co-ordinate Bench of

this Court, after a detailed discussion has dismissed the

petition challenging the constitutional validity of Section

378 (4) r/w Section 394(1) of Cr.P.C. The said decision

has not been brought to the notice of this Court while

passing the order dated 22.08.2023.

NC: 2024:KHC:19888

6. This Court in ignorance of the above decision and the

provision contained under Section 394(1) of Cr.P.C, has

passed the order dated 22.08.2023 on I.A.Nos.1 to 3 of

2023. Therefore, the said orders dated 22.08.2023

passed on I.A.Nos.1 to 3 of 2023 shall stand recalled. In

view of recalling the order dated 22.08.2023, the order

dated 24.02.2023 stands restored and in the said order

dated 24.02.2023, the present appeal has been dismissed

as abated in view of death of the respondent - accused.

7. In view of the above, the appeal is dismissed as

abated.

Sd/-

JUDGE

GH