BHADHRESHBHAI BABULAL VAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Articles 14, 21, 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed for the following reliefs:

(2.) It is the case of the petitioners that the parents of the petitioners were original accused in Criminal Case No.2629/2008 filed under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") filed by respondent Nos.2 and 3 herein - original complainants before the Court of learned 4th Additional Chief Judicial Magistrate, Bhavnagar on 2/5/2008. After recording the evidence, the learned Magistrate on 19/5/2014 has been pleased to convict the parents of the petitioners and sentenced them to undergo simple imprisonment for a 9 months with fine of Rs.10,000.00 and in default of payment of fine, to undergo simple imprisonment for a further period of one month and has further ordered the parents of the petitioners - original accused to pay compensation under Sec. 357(3) of the CrPC of Rs.3,15,000.00 to the respondent Nos.2 and 3 herein - original complainants and in default of payment of compensation, he has to further undergo simple imprisonment of 4 months.

(3.) Now, coming back to the facts of the present case, it appears that it is an undisputed and admitted fact that (i) the father of the petitioners was convicted on 19/5/2014 in Criminal Case No.2629/2008 and order to award the compensation was passed in favor of the original complainants; (ii) the present petitioners are the legal heirs of deceased accused; (iii) original accused who had assailed the order of conviction by way of filing Criminal Appeal and during the pendency of the criminal appeal and he expired during the pendency of appeal, as original accused expired, the conviction appeal being No.49/2014 stood abated and neither present petitioners have not preferred any application to continue the proceedings of conviction appeal nor challenged the order of abatement of appeal uptill now and thus, the order of conviction attained the finality and till date, the said order is in force.