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Hence, prayed for allowing the instant-appeal.

16. Per contra, the respondent No's.1 & 2/accused No's.2 & 3 have not filed any counter-objections to the instant-appeal-memo.

17. During the lis pendence on the file of the instant-court, the original-accused No.3/respondent No.2 by name, Annegowda, S/o. R.T. Sannappa, having preferred the Crl. Petition No.3747/216 before the Hon'ble High Court of Karnataka, Bengaluru, for quashing the proceedings herein against him, the said criminal- petition came to be allowed on 16.12.2016 and accordingly, the Hon'ble High Court of Karnataka has quashed the instant- proceedings against the accused No.3/respondent No.2, in exercise of the powers conferred-upon it, U/Sec.482 of Cr.P.C., wherefore, the instant-appeal stood continued only against the accused No.2/respondent No.1.

27. Prior to harping-upon the merits of the case, it is pertinent to make it clear that, during the lis pendence before the trial court, the accused No.1 having been stated to have demised, the said case came to be abated against the accused No.1, wherefore, the trial court has decided and pronounced the acquittal-judgment only against the accused No's.2 & 3 who were available for the trial and decision on merits.

28. During the lis pendence on the file of the instant-court, the original-accused No.3/respondent No.2 by name, Annegowda, S/o. R.T. Sannappa, having preferred the Crl. Petition No.3747/216 before the Hon'ble High Court of Karnataka, Bengaluru, for quashing the proceedings herein against him, the said criminal-petition came to be allowed on 16.12.2016 and accordingly, the Hon'ble High Court of Karnataka has quashed the instant-proceedings against the accused No.3/respondent No.2, in exercise of the powers conferred-upon it, U/Sec.482 of Cr.P.C., wherefore, the instant-appeal stood continued only against the accused No.2/respondent No.1.

47. Even, it is a well-settled principle of law, reported in 1974 Cri.L.J. 625 in a case between State of U.P. Vs. Jasoda Nandan Gupta & others; and 1981 SCC (Cri) 375 in a case between Tara Singh Vs. State of M.P., in which it is held that, when two views are possible, the accused is entitle for an acquittal.

48. It is significant to note that, on the other-hand, as stated herein before supra, during the lis pendence on the file of the instant-court, the original-accused No.3/respondent No.2 having preferred the Crl. Petition No.3747/2016 before the Hon'ble High Court of Karnataka, Bengaluru, which came to be allowed on 16.12.2016 and the instant-proceedings against the accused No.3/respondent No.2, have been quashed. It is further significant to note that, basically, the said accused No.3/respondent No.2 was also one of the Managers having committed the alleged offences, as per the case of the prosecution. When once the instant-proceedings against the accused No.3/respondent No.2 are quashed as stated herein before supra, by segregating from the accused No.2 who were the Managers during the said relevant-period, then the benefit of such quashing-proceedings as against accused No.3/respondent No.2 certainly leans in favour of the accused No.2 also, whereby it amounts to an absolute fatal-drawback to the case of the prosecution against the accused No.2.