K. Rama Krishna Reddy vs R. Venkatesh S/O R. Gopinath
2024 Latest Caselaw 25260 Kant

Karnataka High Court

K. Rama Krishna Reddy vs R. Venkatesh S/O R. Gopinath on 22 October, 2024

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                                                         NC: 2024:KHC-D:15291
                                                    CRL.A No. 100039 of 2017




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                        DATED THIS THE 22ND DAY OF OCTOBER, 2024
                                           BEFORE
                             THE HON'BLE MS. JUSTICE J.M.KHAZI
                          CRIMINAL APPEAL NO.100039 OF 2017 (A)
                BETWEEN:

                K. RAMA KRISHNA REDDY
                S/O. K. RAGHAVA REDDY,
                AGED ABOUT: 36 YEARS,
                R/O. PATEL NAGAR,
                VENKATESHWARA NAGAR,
                1ST CROSS, NEAR ST. GOUTAM SCHOOL,
                ALLEVELUYAMMA COMPOUND, BALLARI.
                                                                   ...APPELLANT
                (BY SRI GODE NAGARAJ, ADVOCATE)

                AND:

                R. VENKATESH S/O. R. GOPINATH,
                AGED ABOUT: 40 YEARS,
                C/O. D.I.E.T., RADIO PARK,
                BALLARI, R/O. AMMA NILAYA,
                NEAR SANJEEVARAYARA MATTA
                ROYAL COLONY, SATHYANARAYANA PET,
                BALLARI-583101.
Digitally signed by
                                                                 ...RESPONDENT
BHARATHI H M        (BY SRI MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA                 THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF
                CR.P.C., SEEKING TO SET ASIDE THE JUDGMENT AND ORDER DATED
                21.11.2016 BY THE PRL. CIVIL JUDGE AND JMFC, AT BALLARI
                C.C.NO.1432 OF 2013 AND CONVICT THE RESPONDENT FOR THE
                OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE
                INSTRUMENT ACT AND IT IS PRAYED THAT, THIS HON'BLE COURT
                BE PLEASED TO DIRECT THE PAYMENT OF CHEQUE AMOUNT AND
                THE FINE AMOUNT TO THE APPELLANT/COMPLAINANT IN THE EVENT
                OF CONVICTION AND SENTENCE THE RESPONDENT/ACCUSED AND
                ETC.,
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                                          NC: 2024:KHC-D:15291
                                    CRL.A No. 100039 of 2017




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


CORAM:    THE HON'BLE MS. JUSTICE J.M.KHAZI

                        ORAL JUDGMENT

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)

1. On the submission made by the learned counsel

appearing for the appellant/complainant that he is not

responding, Court notice was sent to the

appellant/complainant.

2. However, it is returned unserved with an

endorsement that 'he is not staying in the said address'

and the learned counsel who was appearing for him before

the trial Court is also not having any instructions.

3. In light of the said fact that the

respondent/accused has died on 28.10.2023 and the photo

copies of his death certificate is also produced and having

regard to the fact that this appeal is against the acquittal,

the same abates on the death of respondent/accused.

NC: 2024:KHC-D:15291

4. Send back the trial Court records along with

this order.

Sd/-

(J.M.KHAZI) JUDGE

AC