- 1 - NC: 2025:KHC:5555 CRL.A No. 1174 of 2015 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. 1174 OF 2015 (A) BETWEEN: SRI. S.S DHUNDSHI AGED 72, OCC. BUSINESS, R/O C-401, RNS SHANTI NAGAR, YESHAVANTPURA, BANGALORE-560 032. …APPELLANT (BY SRI. NARAYAN MAYYAR, ADVOCATE FOR SRI. S.R HEGDE HUDLAMANE, ADVOCATE) AND: SRI. MAHADEV TIMMAPPA PATAGAR S/O MADEV PATAGAR, AGED 46 OCC: BUSINESS DURGA MILK DEPOT, MUNCIPAL COMPLEX, SHIVAJI CHOWK, SIRSI-581401. …RESPONDENT (BY SRI. VENKATRAM, ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 10.08.2015 PASSED BY THE XII A.C.M.M., BANGALORE IN C.C.NO.4573/2012 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5555 CRL.A No. 1174 of 2015 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: "In the above Appeal the Appellant is expired, on enquiry it is instructed to the Appellant's counsel from the L.R's of deceased Appellant is that, they are no longer interested to prosecute the above Appeal. Wherefore, this Hon'ble court may kindly accept this memo on record and pass appropriate order to secure the ends of justice and equity." 2. Learned counsel for the appellant reiterates the contents of the memo. 3. By placing reliance on the memo and considering that the appellant is no more and his legal representatives are not interested to prosecute the appeal, the appeal stands abated. SD/- (RAJESH RAI K) JUDGE VM List No: 1 Sl No.: 22