Sri M C Nandish vs Sri Veerabhadra (Dairy Swamy)
2024 Latest Caselaw 11909 Kant

Karnataka High Court

Sri M C Nandish vs Sri Veerabhadra (Dairy Swamy) on 29 May, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                               -1-
                                                              NC: 2024:KHC:17980
                                                       CRL.A No. 1183 of 2015




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 29TH DAY OF MAY, 2024

                                            BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                               CRIMINAL APPEAL NO.1183 OF 2015
                      BETWEEN:

                         SRI. M.C. NANDISH
                         S/O. CHANDRASEKHARAIAH
                         AGED ABOUT 40 YEARS
                         RESIDING AT DURGEE STREET
                         RAMASAMUDRA
                         CHAMARAJANAGAR-571 342.
                                                                    ...APPELLANT
                         (BY SRI. SRINIVASA D.C., ADVOCATE)

                      AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI          SRI VEERABHADRA (DAIRY SWAMY)
Location: HIGH           S/O. MAHADEVAPPA
COURT OF
KARNATAKA                AGED ABOUT 44 YEARS
                         RESIDING AT DURGEE STREET
                         RAMASAMUDRA,
                         CHAMARAJANAGAR-571 342.
                                                                  ...RESPONDENT
                         (BY SRI. M. SHARASS CHANDRA, ADVOCATE)

                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                      378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND
                      ORDER DATED 24.08.2015 PASSED BY THE PRINCIPAL CIVIL
                      JUDGE AND JMFC, CHAMARAJANAGAR, IN C.C.NO.618/2013,
                      ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
                      PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC,.

                           THIS CRIMINAL APPEAL IS COMING ON FOR FINAL
                      HEARING,  THIS   DAY, THE   COURT  DELIVERED THE
                      FOLLOWING:
                                 -2-
                                            NC: 2024:KHC:17980
                                        CRL.A No. 1183 of 2015




                           JUDGMENT

Learned counsel for the respondent reported

death of the respondent on 23.04.2023 and also produced

copy of death certificate.

2. On that day, learned counsel for the

appellant has been directed to verify the same and submit

on the next date of hearing.

3. Today, learned counsel for the appellant

is not present. As per copy of the death certificate

respondent's date of death is 24.07.2019. The appeal is

filed by complainant challenging the judgment of acquittal.

Respondent was accused before the Trial Court. In view of

the death of the respondent -accused, appeal abates.

4. Hence, appeal is dismissed as abated.

Sd/-

JUDGE

DSP