- 1 - NC: 2025:KHC:4201 CRL.A No. 132 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 132 OF 2019 BETWEEN: RAMASWAMY L S/O LINGAPPA AGED 44 YEARS R/AT No.4, GOLLAHALLI VILLAGE ANJANAPURA UTTARAHALLI BANGALORE – 560 062. …APPELLANT (BY SRI MANJUNATH B R, ADVOCATE) AND: BALAPPA V S/O VENKATARAMANAPPA AGED 55 YEARS R/OF NAGAIHNADODDI VILLAGE KASABA HOBLI ANEKAL TALUK BANGALORE URBAN DT – 562 106. …RESPONDENT (BY SRI C V ANNAIAH, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 16.11.2018 PASSED BY THE XXIII ADDL.C.M.M., BENGALURU IN C.C.No.33701/2014-ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC., Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4201 CRL.A No. 132 of 2019 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the respondent files memo reporting death of the respondent –accused. Copy of the death certificate is enclosed with the memo. As per copy of the death certificate the date of death of the respondent –accused is 28.02.2023. 2. Learned counsel for the appellant is present and he has not disputed the death of the respondent –accused. 3. In view of the death of the respondent – accused, the appeal filed challenging the judgment of acquittal of the respondent –accused for offence punishable under Section 138 of Negotiable Instruments Act, 1881 does not survive for consideration. - 3 - NC: 2025:KHC:4201 CRL.A No. 132 of 2019 4. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 26