GOPAL DUTT NAUTIYAL Vs. SHYAM SINGH PACHAMI

JUDGEMENT

(1.) MR. Dinesh Chauhan, Advocate for the appellant. Mr. B. P. Nautiyal, Advocate for respondent No. 1. Mr. Nandan Arya, A. G. A. for the respondent No. 2.

(2.) THIS is an appeal against the judgment and order dated 31. 08. 2004 passed by Special Judicial Magistrate, Tehri Garhwal in Criminal Case No. 394 of 2003, Ram Gopal Vs. Shyam Singh u/s 138 Negotiable Instruments Act whereby the learned Special Judicial Magistrate acquitted the respondent No. 1 Shyam Singh Pachami u/s 138 of N. I. Act. Feeling aggrieved by the said judgment and order, the present leave to appeal application has been preferred by the applicant/appellant against the acquittal.

(3.) THIS court was informed on 20/2/2008 by the learned counsel for the appellant that respondent No. 1 Shyam Singh Pachami has died and the learned counsel for the applicant/appellant was asked to file supplementary affidavit about the said fact. On 29/2/2008, this Court sought a report from the Chief Judicial Magistrate concerned as to whether the respondent No. 1 Shyam Singh Pachami has died or not. Pursuant to this, the Chief Judicial Magistrate has obtained a report from the Police Station whereby it is reported that the respondent No. 1 Shaym Singh Pachami has died on 20/4/2007 and death certificate was also attached alongwith the said report.