D DAYANANDA BABU Vs. VIJAYA AUTOMOBILES

JUDGEMENT

(1.) The right of the appellant-complainant in proceeding with an appeal, preferred after obtaining special leave, challenging the order of acquittal of the accused under Section 138 of the Negotiable Instruments Act in short 'the Act', even after the death of the accused, is the point that is raised for consideration of this Court.

(2.) The appellant was the complainant, in C.C. No. 316/1996 on the file of the Judicial Magistrate of First Class, Varkala. After appreciating the evidence adduced by both sides, the trial Court found the accused not guilty and therefore, acquitted him. On obtaining special leave, the appellant came before this Court preferring this appeal, under Section 378 of the Code of Criminal Procedure, 1973, in short Cr.P.C.

(3.) During the pendency of the appeal, it is conceded by either side that the accused died. A question therefore, arose whether an appeal could be pursued by the complainant, appellant, after impleading the legal representatives of the deceased accused.