- 1 - NC: 2025:KHC:2349 CRL.A No. 1050 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1050 OF 2013 BETWEEN: GIRIYAPPA S/O LATE MUNIVENKATAPPA R/AT No.111, DODDABELE LAYOUT HANCHIKARE POST KENGERI HOBLI, MYSORE ROAD BANGALORE – 560 060. …APPELLANT (BY SRI DEVARAJ N, ADVOCATE) AND: N S NACHAPPA S/O LATE N.R. AIYANNA R/AT No.1432 11TH CROSS, BYRAVESHWARA LAYOUT KRISHNAPPA GARDEN KENGERI SATELLITE TOWN BANGALORE – 560 060. …RESPONDENT (BY SRI B S SRIDHAR, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 29.08.2013 PASSED BY THE XVI A.C.M.M., BANGALORE IN C.C.No.16860/2009-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:2349 CRL.A No. 1050 of 2013 THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. Learned counsel for respondent files a memo with death certificate of the respondent – accused. As per the said death certificate the respondent - accused died on 23.12.2024. The respondent - accused has been acquitted by the impugned judgment for offence under Section 138 of the Negotiable Instruments Act. In view of death of respondent - accused the appeal will not survive for consideration. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 46