- 1 - HC-KAR NC: 2026:KHC:959 CRL.A No. 317 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.317 OF 2014 (C) BETWEEN: RADHAKRISHNA S/O. VASUDEVA SHET, PROP: RADHAKRISHNA ENTERPRISES, VINAYAKA TALKIES COMPOUND, B.H. ROAD, SHIMOGA CITY DISTRICT-577 201. …APPELLANT (BY SRI S.V. PRAKASH, ADVOCATE) AND: SUDHARSHAN NAYAK S/O. RAMAKRISHNA NAYAK, AGED ABOUT 67 YEARS, R/O. SHARAVATHI NAGAR, SHIMOGA CITY & DISTRICT-577 201. …RESPONDENT (BY SRI R. BHADRINATH, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 374(2) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED 11.04.2014 PASSED BY THE II ADDL. SESSIONS JUDGE, SHIMOGA IN CRL.A.NO.154/2012 AND RESTORE THE JUDGMENT AND ORDER OF ACQUITTAL PASSED BY THE III ADDL. CIVIL JUDGE, AND JMFC, SHIMOGA, DATED 29.06.2012 IN C.C.NO.2783/2009 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.ACT. AND THE APPELLANT/ACCUSED IS CONVICTED AND SENTENCED TO PAY A FINE OF RS.60,000/- AND IN DEFAULT OF PAYMENT OF FINE AMOUNT, HE SHALL UNDERGO S.I. FOR A PERIOD OF 6 MONTHS FOR THE OFFENCE P/U/S 138 OF N.I. ACT. AND THE APPELLANT/ACCUSED PRAYS THAT HE BE ACQUITTED. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:959 CRL.A No. 317 of 2014 THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Despite sufficient opportunities, the legal representative of the deceased respondent-complainant was not brought on record. Hence, the appeal stands abated. 2. Registry is directed to send back the records to the Trial Court along with a copy of this order. Sd/- (G BASAVARAJA) JUDGE MBM List No.: 1 Sl No.: 6