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2025 DAILYLAW 30809 (KAR)

K S SUBRAMANYAM v. C JAYAPRAKASH

CRL.RP/1105/2017 · 2025-06-16

Shivashankar Amarannavar

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20487 CRL.RP No. 1105 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 1105 OF 2017 BETWEEN: K S SUBRAMANYAM S/O K SHANKAR RAO AGED ABOUT 76 YEARS R/AT No.7, 7TH CROSS SAMSKRUTHI HANUMAGIRI LAYOUT CHIKKALLASANDRA BENGALURU - 560 069. …PETITIONER (BY SRI GOVINDA GOWDA N L, ADVOCATE SRI MALLIKARJUN SWAMY, ADVOCATE FOR - ABSENT) AND: C JAYAPRAKASH S/O CHANNAPPA AGED ABOUT 52 YEARS R/AT No.35, BATVIA CHAMBERS KUMARA KRUPA ROAD KUMAR PARK EAST BENGALURU – 560 001. …RESPONDENT (BY SRI S JAVEED, AMICUS CURIAE SRI AJITH ANAND SHETTY, ADVOCATE V/O DATED 03.06.2022, SERVED) THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401 Cr.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 03.05.2016 PASSED IN C.C.NOo.17812/2014 BY P.O OF XXII ADDITIONAL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20487 CRL.RP No. 1105 of 2017 CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND JUDGMENT DATED 03.06.2017 PASSED IN CRL.A.No.706/2016 BY THE P.O OF LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE BY ALLOWING THIS REVISION PETITION AND CONSEQUNETLY ACQUIT THE ACCUSED/PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER The death of the petitioner has been reported on 07.02.2024 and his date of death is 10.01.2023. Petitioner’s counsel remained absent and Amicus Curiae has been appointed to represent the petitioner. 2. In view of the death of the petitioner, learned Amicus Curiae submits that he has no details of legal heirs of the petitioner to be brought on record. The petitioner was accused and he has been convicted for the offence under Section 138 of the N.I.Act. In view of the death of the petitioner/accused, the revision petition abates. Hence, the revision is dismissed as abated. - 3 - HC-KAR NC: 2025:KHC:20487 CRL.RP No. 1105 of 2017 3. Learned counsel for the respondent is at liberty to recover the fine amount in accordance with law from the legal heirs of the petitioner. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Dkb List No.: 1 Sl No.: 14