K.Manojkumar vs P.V.Khalid
2024 Latest Caselaw 31584 Ker

Kerala High Court

K.Manojkumar vs P.V.Khalid on 5 November, 2024

CRL.A NO. 1928 OF 2007                        1                        2024:KER:83199


                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                   THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946
                               CRL.A NO. 1928 OF 2007
         AGAINST    THE      ORDER/JUDGMENT       DATED    05.10.2007    IN    Crl.L.P.
NO.941     OF    2007   OF    HIGH   COURT    OF    KERALA    ARISING    OUT    OF   THE
ORDER/JUDGMENT       DATED     19.09.2001     IN    CC    NO.38   OF   2000   OF   CHIEF
JUDICIAL MAGISTRATE ,THALASSERY
APPELLANT/COMPLAINANT:

                K.MANOJKUMAR
                S/O.GOVINDAN
                AGED 30 YEARS, BUSINESS, KUMAR NIVAS,, KURUNGAT HOUSE,
                P.O.KADAVATHOOR.


                BY ADV PRANOY K.KOTTARAM

RESPONDENTS/ACCUSED AND STATE:

     1          P.V.KHALID
                S/O.KUNHALAN
                POTHUVADAKKAYIL, P.O.KADAVATHOOR.

     2          STATE OF KERALA REP. BY THE
                PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, ERNAKULAM.


                BY ADV SRI.K.ANAND

OTHER PRESENT:

                PP-SRI.M.C.ASHI

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 05.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A NO. 1928 OF 2007                 2                      2024:KER:83199




                            JUDGMENT

This appeal is at the instance of the complainant in CC

No.38 of 2000 on the file of Chief Judicial Magistrate,

Thalassery, against acquittal of the accused under Section 138

of the Negotiable Instruments Act (N.I.Act for short), as per

judgment dated 19/9/2001.

Today when the appeal is taken up for consideration, it is

reported that the 1st respondent/accused is no more, and copy

of his death certificate also is produced which will show that he

passed away on 1/6/2013. This being an appeal against

acquittal, under Sections 377 and 378 of Cr.P.C, on death of the

accused, the appeal will abate, as per Section 394(1) of Cr.P.C.

In the result, the appeal is dismissed as abated.

Sd/-

SOPHY THOMAS, JUDGE ska