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Judgment
The learned counsel for the Appellant submits that the Complainant has subsequently come to know that the Accused has died. He submits that, having regard to the nature of the proceedings under Section 138 of the Negotiable Instruments Act, 1881, which are quasi-civil and quasi-criminal in nature, the legal representatives of the deceased/Accused may be brought on record and the proceedings may be continued against them, and sought to adjourn the matter to bring the legal representative on record.
The material on record, reveals that the present appeal is filed against the judgment of Sessions Court, Prakasam District, Markapur, in C.A. No. 64 of 2011, dated 28.02.2012, was allowed, setting aside the conviction and sentence against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.449 of 2007, dated 27.04.2011 of the Additional Judicial Magistrate of First Class, Markapur. Thus, the appeal is filed challenging the judgment of acquittal passed by the learned Sessions Court.
It is a settled principle in criminal law that, upon the death of the Accused, an appeal against the acquittal cannot be continued against the dead, as the Court cannot proceed to hear the case and record a conviction against a dead person. Equally, near relatives/legal representatives of a deceased/Accused cannot be added in an appeal to face the criminal liability of the deceased. This contention of the Complainant is against the law under Section 394 of the Code of Criminal Procedure, 1973.
Therefore, the submission of the learned counsel for the Appellant/Complainant that the legal representatives of the deceased/accused may be brought on record in this Appeal filed against the Appeal and the criminal proceedings may be continued is contrary to the fundamental principles of the criminal law.
It is needless to mention that the Appellant may exhaust his remedy, if any, before a competent civil Court against the estate of the deceased as per law.
Recording the submission about the death of the accused, the appeal is dismissed as abated.
As a sequel, the pending Miscellaneous Petitions, if any, shall stand closed.