- 1 - NC: 2025:KHC:207 CRL.A No. 389 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 389 OF 2017 BETWEEN: MR M ASHWATH S/O LATE MUNISHAMAPPA AGED ABOUT 50 YEARS R/O No.2042, 1ST B MAIN ’B’ SECTOR, YELAHANKA NEW TOWN BANGALORE – 560 064. …APPELLANT (BY SRI THEJOVANTH D, ADVOCATE FOR SRI BALAJI RAGHUNATHAN, ADVOCATE) AND: MR L MAHESH BABU AGED ABOUT 38 YEARS S/O LAKSHMI NARAYANA No.25, MARUTHI NILAYA 4TH CROSS (M.S.V. SCHOOL ROAD) SAMPIGE ROAD, MALLESHWARAM WARD No.77 BANGALORE – 560 003. …RESPONDENT (BY SRI SATHYA D, ADVOCATE FOR K V NARASIMHAN, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 31.01.2017 PASSED BY THE XV ADD.C.M.M., BANGALORE, IN C.C.No.24932/2015-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:207 CRL.A No. 389 of 2017 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Learned counsel for the appellant has filed memo reporting death of the respondent. The copy of death certificate is enclosed with memo. As per said copy of the death certificate the date of death of respondent – accused is 10.12.2020. 2. Learned counsel for the appellant does not dispute the death of the respondent –accused. 3. In view of the death of the respondent – accused, the appeal will not survive for consideration. 4. Hence, the appeal is disposed of. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 1