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Judgment
Kanwaljit Singh Ahluwalia, J.—Present appeal was filed by Poonam Malhotra. She was convicted by the trial Court for an offence punishable u/s 7 of the Prevention of Corruption Act, 1988 vide its impugned judgment dated 3rd May, 2002 and vide a separate order of even date, the Appellant was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Fine was deposited by the Appellant.
On January 7, 2011, this Court passed the following order:
Nobody had appeared for the Appellant on 6.5.2011. Even today also nobody is present on behalf of the Appellant. The sentence awarded to the Appellant was suspended by the trial Court. She was allowed bail by the trial Court only for a period of thirty days on her furnishing bail bonds to the satisfaction of Chief Judicial Magistrate, Faridabad.
Since nobody has caused appearance for the Appellant, Chief Judicial Magistrate, Faridabad is directed to serve notice on the Appellant and her sureties to show cause as to why coercive action be not initiated against them.
To await the report of Chief Judicial Magistrate, Faridabad, list on 10.3.2011.
In compliance of the order reproduced above, Chief Judicial Magistrate, Faridabad has submitted a report, the relevant portion whereof reads as under:
In this connection, I have the honour to submit that on receipt of copy of order dated 7.1.2011 passed by the Hon''ble High Court in the above noted subject (copy enclosed), notice to accused Poonam Malhotra and her sureties were issued. Her sureties appeared and informed that accused Poonam Malhotra has since died and produced her death certificate. To verify the matter, the undersigned has sought the report of the concerned SHO. As per the report of concerned SHO, accused Poonam Malhotra has expired on 30.4.2006. Original death report is enclosed herewith, for kind perusal of Hon''ble High Court.
No legal representative has come forward to defend the present appeal in terms of Section 394 Code of Criminal Procedure. Hence, the present appeal is hereby disposed of having abated.