- 1 - HC-KAR NC: 2025:KHC-D:9419 CRL.A No. 100257 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100257 OF 2018 (A) BETWEEN: MR. MOHAMMAD MUSHARRAF KHAN MUNAWAR KHAN, PROPRIETOR-STACK SYSTEM, AGE: 43 YEARS, OCC: BUSINESS, R/O: 2/3369, SHOP NO.3, NATALI STREET, SANGRAMPURA SURAT, GUJARAT-395 002, TODAY AT BELAGAVI. … APPELLANT (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: MR. NASIR KHAN MOHAMMAD KHAN SOUDAGAR, AGE: 64 YEARS, OCC: BUSINESS, R/O: H.NO.92, CHURCH STREET CAMP, TQ: AND DIST: BELAGAVI-590 001. … RESPONDENT (BY SRI. SHREEVATSA HEGDE, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 372 OF CR.P.C., PRAYING TO ALLOW THE APPEAL BY MODIFYING THE SENTENCE AND FINE AMOUNT PASSED BY THE VI J.M.F.C COURT BELAGAVI BY ITS JUDGMENT AND ORDER DATED 22.08.2017 PASSED IN CRIMINAL CASE NO.121/2017 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT BY ALLOW THE APPEAL OF THE APPELLANT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.01 12:04:48 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9419 CRL.A No. 100257 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) This appeal is filed by the complainant seeking enhancement of the sentence passed against the sole respondent by the Courts below. Respondent – accused has died and Criminal Revision Petition No.100149/2018 filed by him assailing the correctness of the judgment and orders under which he has been convicted for offence punishable under Section 138 of Negotiable Instruments Act has been dismissed as abated by even dated order. Sole respondent in the present case has died on 13.11.2024. Under the circumstances, this appeal stands dismissed as abated against the respondent. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 82.1