M/S G.D. & Company Ganj Morar ... vs Vishnu Kumar Agrawal
2021 Latest Caselaw 5686 MP

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           THE HIGH COURT OF MADHYA PRADESH,
                       BENCH AT GWALIOR
                           CRA-652-2006
  (M/s G.D. & Company Ganj Morar Vs. Vishnu Kumar Agrawal)


Gwalior, Dated : 20/09/2021

      Shri Yogesh Singhal, learned counsel for the appellant.

      Shri Rinkesh Goyal, learned counsel for the respondent.

The present appeal has been filed under Section 378 of the Code

of Criminal Procedure being aggrieved by the order dated 19/09/2003

passed by the Judicial Magistrate First Class, Gwalior in Criminal

Case No.33/1999, whereby respondent has been acquitted from the

charge of Section 138 of Negotiable Instrument Act.

Learned counsel for the respondent submitted that the appellant

has no right to continue with this appeal challenging the judgment of

the acquittal of the accused passed in a complaint under Section 138

of the Negotiable Instruments Act when the respondent/accused has

already died during the pendency of this appeal, this can be only

preferred after obtaining the special leave, as appeal would abate on

the death of the accused. He further submitted that every appeal

preferred challenging the inadequacy of the sentence or on the ground

of acquittal of the accused, would finally abate on the death of the

accused.

Learned counsel for the respondent also referred to section 394

(1) of Cr.P.C. and contended that every appeal under Section 377 or

Section 378 shall finally abate on the death of the accused.

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-652-2006 (M/s G.D. & Company Ganj Morar Vs. Vishnu Kumar Agrawal)

Learned counsel for the appellant did not dispute the factum of

the death of the respondent during pendency of the appeal.

In view of the aforesaid, appeal stands dismissed as abated.

(S.A. Dharmadhikari) Judge

rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf8 2ab676d0cde4dee473fe77953f5, cn=RAHUL SINGH PARIHAR Date: 2021.09.22 16:28:50 -07'00'