AFZAL HUSSAIN S/O. LATE ABDUL KHADER SINCE DECEASED BY HIS LEGAL REPRESENT ATIVE SMT. PARVEEN BANU D/O. AFZAL HUSSAIN MAJOR, RO. UGRANI HOUSE MALLAR VILLAGE, VIA KAPU UDUPITQ. AND DIST. Vs. BHASKAR KOTIAN S/O. LATE SEENA BANGERA

JUDGEMENT

(1.) RESPONDENT herein filed a complaint against one Afzal Hussain in C.C. No. 4968/2003 for the offence punishable under Section 138 of the Negotiable Instruments Act. On contest the Trial Court convicted Afzal Hussain and sentenced him to pay a fine of Rs. 4,05,000/ -. Aggrieved by this order Afzal Hussain filed an appeal in Crl. A. No. 199/2007 before the Appellate Court. During the pendency of the appeal, the appellant Afzal Hussain died. The Appellate Court treated the appeal as abated and closed the proceedings. The petitioner being the daughter of the deceased Afzal Hussain is before this Court seeking quashing of the order passed by the Appellate Court. Sri. Vishwajith Shetty, learned counsel for the petitioner relying on a judgment of the Supreme Court in the case of Harnam Singh Vs. The State of Himachal Pradesh, AIR 1975 SC 236 contends that the sentence being payment of fine, the proceedings will not abate on the death of the accused. Therefore, the order passed by the Appellate Court is contrary to the law declared by the Apex Court and liable to be set aside

(2.) FOR the reasons stated above, the following; ORDER a) Petition is hereby allowed. b) The impugned order dated 22.05.2009 passed in Crl. A. No. 199/2007 is hereby set aside. c) The matter is remanded to the Appellate Court for fresh disposal in accordance with law.