- 1 - HC-KAR NC: 2025:KHC:48974 CRL.RP No. 1386 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 1386 OF 2018 BETWEEN: H. LOKESHA, S/O HANUMANTHAPPA, AGED ABOUT 52 YEARS, OCC: EMPLOYEE AT PRAGATHI GRAMINA BANK, THIRUMALAPURA BRANCH, HOLALKERE TALUK , R/O B.V.N. LAYOUT, HOSADURGA TOWN, CHITRADURGA DISTRICT - 577 527. …PETITIONER (BY SRI RAVINDRA B DESHPANDE, ADVOCATE) AND: K. R. RAMASWAMY S/O LATE RAJGOPAL AGED ABOUT 56 YEARS, R/O VIDYANAGARA, HOLALKERE ROAD, HOSADURGA TOWN, CHITRADURGA DISTRICT- 577 527. …RESPONDENT (BY SRI C.GOPALAKRISHNA MURTHY, ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 26.10.2018 PASSED BY THE SPECIAL 2nd, ADDITIONAL DISTRICT AND SESSIONS JUDGE, HOSADURGA IN CRL.A.NO.18/2016 AND THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE DATED 01.03.2016 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSADURGA IN C.C.NO.578/2013 (CONVICTED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT) AND ACQUIT THE PETITIONER OF CHARGES LEVELED AGAINST HIM. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48974 CRL.RP No. 1386 of 2018 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Learned counsel for petitioner submits that in view of death of petitioner/accused, revision petition abates. 2. Learned counsel for respondent/complainant relying upon decision of this Court in Crl.A.no.570/2021 (Smt.Meenakshi and Anr. v. Smt.Lakshmi Prabha, disposed of on 15.11.2023) and decision of High Court of Madras in Crl.O.P.(MD)no.4478/2008 (Sivakami and Anr. v. Michael Fernando, disposed of on 02.09.2009) to submit that death would not come in way of complainant proceeding against legal representatives of deceased accused for recovery of cheque amount by filing a suit. 3. In view of submission of learned counsel for petitioner reporting death of sole petitioner, revision petition abates. If, in case, respondent/complainant has right of recovery against legal representatives, he would be at liberty to - 3 - HC-KAR NC: 2025:KHC:48974 CRL.RP No. 1386 of 2018 exercise same in accordance with law in appropriate proceedings. With such observation, revision petition stands disposed of. Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 29