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2025 DAILYLAW 32025 (KAR)

SRI SIRAJ AHMED KHAN v. SRI THIRUMALESH

CRL.A/1903/2019 · 2025-02-17

Shivashankar Amarannavar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6872 CRL.A No. 1903 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 1903 OF 2019 BETWEEN: SRI. SIRAJ AHMED KHAN S/O T. AHMED KHAN AGED ABOUT 55 YEARS, R/AT NO.33, GROUND FLOOR 7TH ‘B’ MAIN, BTM LAYOUT 1ST STAGE, BANGALORE-560 029 …APPELLANT (BY SRI. BHADRAVADI SIDDESWARA, ADVOCATE) AND: SRI. THIRUMALESH AGED ABOUT 45 YEARS VENKATAPPA COLONY 3RD CROSS, A NARAYANAPURA KRISHNARAJPURAM, DOORAVANI NAGAR ITI LAYOUT, BANGALORE-560 016 …RESPONDENT THIS CRL.A. IS FILED U/S 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT OF ACQUITTAL DATED 22.08.2019 PASSED BY THE XIII ADDL.C.M.M., BENGALURU IN C.C.NO.31180/2018 - ACQUITTING THE RESPONDENT/ ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6872 CRL.A No. 1903 of 2019 CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT The bailable warrant issued against the respondent – accused has been returned with shara “Respondent is no more”. Along with report the death certificate of the respondent is enclosed. The date of death of the respondent as per the death certificate is 06.03.2022. 2. The appeal is filed by the appellant-complainant challenging the judgment of acquittal of the respondent – accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 3. In view of the death of the respondent, the appeal does not survive for consideration. 4. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 13