Anantharaj Charitable Trust vs P. Jayaprakash
2024 Latest Caselaw 25933 Kant

Karnataka High Court

Anantharaj Charitable Trust vs P. Jayaprakash on 23 October, 2024

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                                                             NC: 2024:KHC:42669
                                                         CRL.A No. 1095 of 2014




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                              BEFORE
                                THE HON'BLE MRS JUSTICE M G UMA
                              CRIMINAL APPEAL NO. 1095 OF 2014 (A)
                   BETWEEN:
                   ANANTHARAJ CHARITABLE TRUST,
                   KAUP, UDUPI TALUK & DISTRICT,
                   REPRESENTED BY ITS TRUSTEE,
                   SOMANATHA N.SHETTY,
                   AGED ABOUT 42 YEARS,
                   S/O LATE NANDU SHETTY,
                   RESIDING AT PADU VILLAGE,
                   POST: KAUP, UDUPI TALUK
                   & DISTRICT - 574 106.
                                                                    ...APPELLANT
                   (BY SRI. SHOBHITH N SHETTY, ADVOCATE)
Digitally signed
by SWAPNA V
Location: high     AND:
court of
karnataka          P. JAYAPRAKASH,
                   MAJOR, S/O. H.L. PANDU,
                   RESIDING AT C/O LATE H.S. LINGAPPA,
                   NEAR MARIGUDI TEMPLE,
                   HUDCO COLONY,
                   POST: KODANGALLU,
                   MOODABIDRI - 574 197.
                   MANGALORE TALUK, D.K. DISTRICT.
                                                                  ...RESPONDENT
                   (RESPONDENT SERVED AND UNREPRESENTED)

                          THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET
                   ASIDE THE ORDER DATED: 29.9.14, PASSED BY THE HON'BLE PRL.
                   CIVIL JUDGE & JMFC, UDUPI, IN C.C.NO.334/09 - ACQUITTING THE
                   RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

                        THIS CRL.A., COMING ON FOR ORDERS, THIS DAY, JUDGMENT
                   WAS DELIVERED THEREIN AS UNDER:
                   CORAM:     HON'BLE MRS JUSTICE M G UMA
                                 -2-
                                              NC: 2024:KHC:42669
                                          CRL.A No. 1095 of 2014




                         ORAL JUDGMENT

Learned counsel for the appellant submits that the

trustee, who was representing the complainant is no more.

Bailable warrant issued against the respondent was

returned unexecuted as the respondent had expired on

20.01.2023. The copy of the death certificate is produced.

In view of the same, the appeal is dismissed as abated.

Sd/-

(M G UMA) JUDGE

SPV