S DURAI Vs. STATE

JUDGEMENT

(1.) THE appellant S.Durai stood convicted under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and sentenced to suffer one year of rigorous imprisonment for each count and to pay a fine of Rs.5,000/- for each count in default to suffer three months of rigorous imprisonment for each count, by the Judgment dated 21.04.2005 and made in C.C.No.36 of 1999, on the file of the learned Additional Special Judge for CBI Cases, Chennai.

(2.) CHALLENGING the Order of conviction and sentence, he had filed the present appeal before this Court after invoking the proviso to Section 374 of the Code of Criminal Procedure.

(3.) FROM the submissions made by the learned counsel for the respondent, this Court is satisfied that the appellant S.Durai had passed away on 04.03.2011. However, this appeal was directed to be listed on 16.08.2011, so as to enable the learned counsel for the appellant to make representation if any as to whether he is going to implead any legal representatives of the deceased appellant to continue the appeal. But, no one was appeared on behalf of the appellant on 16.08.2011. Again, the appeal stands listed today ie.17.08.2011. Even today also the learned counsel for the appellant, who is on record, has not chosen to appear before this Court. Hence, this Court has left with no other option excepting to pass an order under the proviso to Section 394 of the Code of Criminal Procedure.