Proceeding Sheet vs Unknown
2022 Latest Caselaw 238 AP

        HIGH COURT OF ANDHRA PRADESH
             MAIN CASE No: Crl.R.C.No.301 OF 2008
                         PROCEEDING SHEET
Sl.                                                                             OFFICE
      DATE         ORDER
No                                                                              NOTE.
                   RNT,J
04.   19.01.2022                     (Proceedings through virtual mode)

                          Sri A.Venkata Durga Rao, learned counsel for the
                   petitioner/revisionist,        submits         that    the
                   respondent/accused (respondent No.1) has died.

The prayer in the revision is to set aside the judgment of the II Additional Sessions Judge, Guntur in Crl.A.No.30 of 2006, dated 23.11.2007 subsequently impose the punishment along with fine against the respondent/accused (respondent No.1).

The matter arises out of the proceedings under Section 138 of the Negotiable Instruments Act. The V Additional Munsif Magistrate, Guntur convicted and sentenced the respondent/accused (respondent No.1) to undergo R.I for a period of four (04) months and also sentenced to pay Rs.500/- I/D. to suffer R.I for one month.

The appeal filed by respondent No.1 was partly allowed. The conviction was maintained, but the punishment of imprisonment was set aside and the fine amount of Rs.500/- was enhanced to Rs.25,000/- out of which, it was directed that Rs.20,000/- shall be paid to the complainant/revisionist.

In view of the prayer made in the revision to impose the punishment of sentence on respondent No.1 and the death of respondent No.1, the point that arises is as to whether the revision can be proceeded with any further.

Sri A.Venkata Durga Rao, learned counsel for the petitioner/revisionist, prays for two (02) days time to look into the matter.

List on 24.01.2022.

________ RNT,J Scs