- 1 - CRL.A No. 1638 of 2017 NC: 2023:KHC:22414 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2023 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.1638 OF 2017 BETWEEN: MR. SANTHOSH R SHETTY S/O LATE K.RAGHURAM SHETTY, AGED ABOUT 46 YEARS HOTEL MAYOORA, NEAR NH-66, KAUP, PADU VILLAGE, UDUPI TALUK & DISTRICT. …APPELLANT (BY SRI. SHOBHITH N SHETTY, ADVOCATE) AND: MR. SULEMAN S/O K.HASSAN, AGED ABOUT 42 YEARS R/O BADRIYA MANZIL, BADA VILLAGE, YERMAL POST, UDUPI TALUK & DISTRICT. …RESPONDENT (BY SRI. PRASAD HEGDE K B., SRI. K PRASAD HEGDE, SRI. H.JAYANTH POOJARY, ADVOCATES) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE ORDER OF AQUITTAL DATED 03.08.2017 IN C.C.NO.95/2016 ON THE FILE OF THE HON'BLE III ADDL. CIVIL JUDGE & JMFC, UDUPI AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE N.I.ACT; b) PASS Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - CRL.A No. 1638 of 2017 NC: 2023:KHC:22414 SUCH OTHER AND FURTHER RELIEFS WHICH DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT Order sheet dated 07.12.2021 state that appellant has expired. Despite elapse of one and half year, legal representatives of the appellant have not come forward to come on record and prosecute the appeal. Hence, appeal is dismissed as abated. Sd/- JUDGE MDS List No.: 1 Sl No.: 15