Sri. Umesha Pai vs Sri. Kamalaksha Kamath
2024 Latest Caselaw 22391 Kant

Karnataka High Court

Sri. Umesha Pai vs Sri. Kamalaksha Kamath on 3 September, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                             -1-
                                                           NC: 2024:KHC:35805
                                                     CRL.RP No. 1386 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                           BEFORE
                    THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
                    CRIMINAL REVISION PETITION NO. 1386 OF 2016
                 BETWEEN:

                    SRI. UMESHA PAI,
                    S/O RAGHUNATH PAI,
                    AGED ABOUT 67 YEARS,
                    RESIDENT OF ANIL KUMBLE ROAD,
                    KUMBLA - 671 321.
                    KASARAGOD DISTRICT,
                    KERALA STATE.
                                                                   ...PETITIONER
                 (BY SRI. N.RAVINDRANATH KAMATH., SENIOR ADVOCATE FOR
                     SMT.VANAJAKSHI, ADVOCATE)
                 AND:

                    SRI. KAMALAKSHA KAMATH,
                    SON OF MUKUNDA KAMATH,
Digitally           AGED ABOUT 66 YEARS,
signed by
ANJALI M            RESIDENT OF OLD POST OFFICE ROAD,
Location: High      SHIVAMOGGA CITY - 577 201.
Court of                                                       ...RESPONDENT
Karnataka
                 (BY SRI. MAHABALESHWARA RAO K N., ADVOCATE)

                        THIS CRL.RP IS FILED U/S.397 AND 401 CR.P.C BY THE
                 ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE
                 COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED
                 9.09.2016 PASSED BY THE III ADDL. S.J., SHIVAMOGGA IN
                 CRL.A.NO.68/2015    AND   THE     ORDER   DATED    19.02.2015
                 PASSED BY THE JMFC-II, SHIVAMOGGA IN C.C.NO.880/2013
                                 -2-
                                                NC: 2024:KHC:35805
                                           CRL.RP No. 1386 of 2016




CONVICTING THE PETR. FOR THE OFFENCE P/U/S 138 OF
N.I.ACT AND THE PETR. MAY BE ORDERED TO BE ACQUITTED.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE PRADEEP SINGH YERUR


                         ORAL ORDER

Learned counsel for the petitioner files a memo stating

that the petitioner has died.

2. It is seen from the order sheet dated 02.01.2024

that the respondent has also passed away one year back.

However, till date, no application has been filed to bring the

deceased legal representatives on record either by the

petitioner or by the respondent.

3. The judgment of the Hon'ble Apex Court in the case

of Ramesan V/s State of Kerala reported in (2020) 3 SCC

45 states that the petition would not abate on the death of the

petitioner/accused and the legal representatives could be

brought on record. However, neither the legal representatives

NC: 2024:KHC:35805

of the petitioner nor the respondent are brought on record,

despite a year has been lapsed.

Accordingly, this petition is dismissed for non-

prosecution.

Sd/-

(PRADEEP SINGH YERUR) JUDGE

AM