Patel Pankajkumar Prahladbhai vs State Of Gujarat
2021 Latest Caselaw 16722 Guj

     R/CR.A/280/2018                                JUDGMENT DATED: 25/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 280 of 2018


FOR APPROVAL AND SIGNATURE:


HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

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1     Whether Reporters of Local Papers may be allowed                    No
      to see the judgment ?

2     To be referred to the Reporter or not ?                             No

3     Whether their Lordships wish to see the fair copy                   No
      of the judgment ?

4     Whether this case involves a substantial question                   No
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                       PATEL PANKAJKUMAR PRAHLADBHAI
                                   Versus
                         STATE OF GUJARAT & 1 other(s)
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Appearance:
MR. CHIRAG SHRIMALI, ADVOCATE for SANJIVKUMAR T PATEL(8914) for
the Appellant(s) No. 1
MR. HIMANISH JAPEE, ADVOCATE for MR JV JAPEE(358) for the
Opponent(s)/Respondent(s) No. 2
MS. MONALI BHATT, APP for the Opponent(s)/Respondent(s) No. 1
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    CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 25/10/2021

                               ORAL JUDGMENT

1. The Appellant (Original Complainant) has filed the present Criminal Appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 6.2.2018, passed in Criminal Case No. 259 of 2016 by the learned

R/CR.A/280/2018 JUDGMENT DATED: 25/10/2021

Judicial Magistrate First Class, Deesa, recording the acquittal of the Respondent No.2 - Jetendrasinh Sedhaji Dabhi (Original Accused) for the offence punishable under Section 138 of the Negotiable Instruments Act.

2. Heard learned Advocate Mr. Chirag Shrimali for learned Advocate Mr. Sanjivkumar T. Patel for the Appellant, learned Advocate Mr. Himanish Javpee for learned Advocate Mr. J.V.Japee for Respondent No.2 (Original Accused) and learned APP Ms. Monali Bhatt for the Respondent - State of Gujarat.

3. Learned Advocate for Respondent No.2 (Original Accused) has submitted that Respondent No.2 - Jetendrasinh Sedhaji Dabhi has expired and he has placed on record the death certificate to that effect on 10th of July 2021.

4. Learned Advocate Mr. Japee for Respondent No.2 (Original Accused) has submitted that he does not want to join the legal heirs of the deceased Jetendrasinh Sedhaji Dabhi and has requested this court that the Appeal may be abated for the Respondent / Original Accused.

In support of his submission, learned Advocate Mr. Japee has placed reliance on the judgment of the Hon'ble Keral High Court in the case of Madhu v. State of Kerala & Another, reported in 2020 SCC Online Ker 2353 wherein it is held that since the cheque was issued by the deceased person, upon such premises, the legal heirs cannot be joined and therefore the Keral High Court has held that the Appeal is required to be abated under Section 394(1) of the Criminal Procedure Code.

5. Learned Advocate Mr. Chirag Shrimali for the Appellant has

R/CR.A/280/2018 JUDGMENT DATED: 25/10/2021

no objection if the the Appeal is abated for the Respondent No.2 (Original Accused) as prayed for by the learned Advocate.

6. Considering the submission advanced by the learned Advocate for the Respondent / Original Accused and the legal position on the point, the present Criminal Appeal stands abated for the Respondent No.2 / Original Accused and accordingly stands disposed of.

(A. C. JOSHI,J)

23 / J.N.W