- 1 - HC-KAR NC: 2025:KHC:39609 CRL.A No. 697 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 697 OF 2015 (A) BETWEEN: SRI S. SUGANCHAND, S/O LATE SHANKARLAL JAIN, AGED ABOUT 53 YEARS, R/AT D NO.L-66, 3RD STAGE, KUVEMPUNAGARA, MYSORE-572 023. …APPELLANT (BY SRI. V B SIDDARAMAIAH., ADVOCATE) AND: SRI B M SADASHIVAIAH C/O B M CHANDRASHEKARAIAH, AGED ABOUT 71 YEARS, OUT HOUSE, 2ND FLOOR, NO.356, GURUKAR DEVANNA ROAD, BESIDE NALPAK HOTEL, MYSURU-572 001 PRESENTLY R/AT DOOR NO.289, LAST HOUSE, ADJACENT TO BIG COMPOUND WALL, 2ND MAIN, 8TH CROSS, RAGHAVENDRANAGARA, MYSORE-570 001 …RESPONDENT (BY SRI. MANMOHAN P. N., ADVOCATE) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:27.1.2015, PASSED BY THE 3RD ADDL. SESSIONS JUDGE, MYSORE, PASSED IN CASE BEARING NO.CRL.A.NO.237/14 AND THE JUDGMENT DATED 18.10.2014 PASSED BY THE 1ST ADDL. CIVIL JUDGE & JMFC, MYSORE IN CASE NO. C.C.NO.2293/12 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39609 CRL.A No. 697 of 2015 THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Heard on IA.I of 2025. 2. IA.I of 2025 is filed under Section 427(e) of BNSS to bring the legal representatives of deceased respondent on record. Application is supported by the affidavit of Sri S.Suganchand who is the appellant in this case. In the affidavit it is stated that the accused has borrowed loan of Rs.1,60,000/- from the complainant and to repay the same he has issued a cheque. The said cheque was returned with an endorsement 'funds insufficient'. The learned I Additional Civil Judge and JMFC, Mysore acquitted the accused for the offence punishable under Section 138 of Negotiable Instruments Act. Being aggrieved by the said judgment of acquittal, the appellant has preferred this appeal. It is further stated that during the pendency of the appeal, respondent - 3 - HC-KAR NC: 2025:KHC:39609 CRL.A No. 697 of 2015 expired on 07th January, 2020. Since the appeal pertains to dishonour of cheque, the liability passes on to the legal representative of the deceased for recovery of the amount involved in transaction. On all these grounds, it is sought to allow the Application. 3. Considering the facts and circumstances of the case, it is necessary to mention here as to the provisions of Section 394 of Code of Criminal Procedure. The same reads as under: "394. Abatement of appeals (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant; Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation: in this section "near relative" means a parent, spouse, lineal desce4ndant, brother or sister." - 4 - HC-KAR NC: 2025:KHC:39609 CRL.A No. 697 of 2015 4. In the case on hand, the appellant has clearly stated in the affidavit that the accused has expired on 07th January, 2020. This Application is filed on 07th July, 2025, after lapse of more than five years. In view of sub-Section (1) of Section 394 of Code of Criminal Procedure, every appeal under Section 377 or 378 shall finally abate on the death of the accused. In view of this provision, the Application filed by the appellant is not maintainable. Hence, I proceed to pass the following: O R D E R i. IA.I of 2025 dismissed; ii. Appeal against the accused stands abated; iii. Pending applications if any, stand disposed of. Sd/- (G BASAVARAJA) JUDGE KBM/lnn List No.: 1 Sl No.: 5