MADHU Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The above appeal is filed against the judgment dated 30.4.2005 in C.C.No.369 of 2003 on the file of the Judicial First Class Magistrate Court, Kayamkulam. The appellant is the complainant before the lower Court. The appellant filed the above case against the second respondent herein for prosecuting him under Section 138 of the Negotiable Instruments Act. This Court issued notice to the second respondent on 22.7.2005 through the Circle Inspector of Police, Kollam East Police Station. Notice was not served, and consequently, when the notice was repeated on 30.7.2013, the Circle Inspector filed a report stating that the second respondent died on 21.12.2008. The death certificate is also produced.

(2.) After that, the appellant filed Crl.M.A.No.7706 of 2013 to implead additional third and fourth respondents, who are the legal heirs of the deceased second respondent in this appeal. The petition was filed on 23.10.2013, and notice was issued by this Court to additional respondents 3 and 4 as per the order dated 23.10.2013. The notice issued to respondents 3 and 4 has not returned yet, and hence this appeal is posted for orders before this Court in the defect list.

(3.) The point to be decided is whether the legal heirs of the accused can be impleaded in an appeal against acquittal filed by the complainant.