B Chandraiah vs Sri Gangaiah
2024 Latest Caselaw 12147 Kant

Karnataka High Court

B Chandraiah vs Sri Gangaiah on 31 May, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                               -1-
                                                           NC: 2024:KHC:18639
                                                       CRL.A No. 1785 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 31ST DAY OF MAY, 2024

                                            BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                             CRIMINAL APPEAL NO. 1785 OF 2019 (A)
                      BETWEEN:

                      B. CHANDRAIAH,
                      S/O LATE GANGAIAH,
                      AGED ABOUT 61 YEARS,
                      R/AT NO.58,
                      MATHRUSHREE CHANDRA NILAYA,
                      CHIKKALASANDRA, HANUMAGIRI NAGAR,
                      BENGALURU - 560 061.
                                                                 ...APPELLANT
Digitally signed by   (BY SRI. CHANDRASHEKAR, ADVOCATE)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH        AND:
COURT OF
KARNATAKA             SRI. GANGAIAH,
                      S/O LATE CHIKKA HUDUGAIAH,
                      AGED ABOUT 69 YEARS,
                      R/O 4TH MAIN ROAD, 11TH CROSS,
                      MUNIKARIYAPPA COMPOUND,
                      AGRAHARA DASARAHALLI,
                      BENGALURU - 560 079.
                                                               ...RESPONDENT
                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                      378(4) OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED
                      JUDGMENT OF ACQUITTAL ORDER PASSED BY LXIII
                      ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
                      (CCH-64)   DATED   19.07.2019  IN  CRL.A.NO.1104/2017
                      CONSEQUENTLY CONFIRM THE JUDGMENT OF CONVICTION
                      DATED 11.07.2017 PASSED BY XVI ADDITIONAL CHIEF
                      METROPOLITAN       MAGISTRATE      BENGALURU       IN
                      C.C.NO.3821/2014,           ACQUITTING            THE
                      RESPONDENTS/ACCUSED FOR THE OFFENCE PUNISHABLE
                      UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT.
                              -2-
                                          NC: 2024:KHC:18639
                                     CRL.A No. 1785 of 2019




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

Notice issued to respondent is returned with Police

report along with an endorsement that respondent is dead.

Copy of the death certificate is enclosed to the Police

report. A perusal of the death certificate indicates the date

of death is 28.10.2020.

2. The appeal is filed against judgment of acquittal

of the respondent-accused for offence under Section 138

of Negotiable Instrument Act.

3. In view of death of respondent-accused, the

appeal abates. Hence, appeal is dismissed as abated.

In view of the dismissal of the appeal, all pending

I.A's are disposed off.

Sd/-

JUDGE CPN CT: BHK