- 1 - NC: 2025:KHC:5578 CRL.A No. 809 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE RAJESH RAI K CRIMINAL APPEAL NO. 809 OF 2019 (A) BETWEEN: SMT. ROOPA H.M D/O BASAVARAJAIAH H.M MAJOR R/AT #3788, SIDDARAMESHWARA NILAYA 17TH MAIN, 3RD CROSS KUVEMPU NAGARA MCC 'B' BLOCK DAVANAGERE-577 002. …APPELLANT (BY SMT. THANIMA BEKAL, ADVOCATE FOR SRI. HAREESH BHANDARY T, ADVOCATE) AND: SRI. M. MANJUNATHA S/O SEETHARAMADAS MAJOR R/AT "THAYAMBIKA NILAYA" NEAR VEERABHADRESHWARA NILAYA MAHALAKSHMI LAYOUT CHITRADURGA-577 201. …RESPONDENT (BY SRI. CHAKRAVARTHY T.S, ADVOCATE) THIS CRL.A IS FILED U/S 378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 02.03.2019, PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND VII ADDL.M.A.C.T, AT DAVANAGERE IN C.C.NO.743/2017, ACQUITTING THE RESPONDENTS/ACCUSED FOR THE OFFENCE P/U/S 138 OF THE N.I ACT. Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5578 CRL.A No. 809 of 2019 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAJESH RAI K ORAL JUDGMENT Learned counsel for the appellant has filed a memo dated 07.02.2025, which reads thus: "The counsel appearing for the appellant herewith submits that, its given to undertake from counsel appearing before trial Court that the appellant is no more and she has got no LR's to further defend the case, further the appeal may be dismissed as abated in the interest of justice and equity." 2. Learned counsel for the appellant reiterates the contents of the memo. 3. By placing reliance on the memo, by considering the aspect that the appellant is no more and having no legal representatives to the appellant, the appeal abates. Pending applications, if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE KTY/List No.: 1 Sl No.: 4