K. THIRAVIAM Vs. P. K. LATHA

JUDGEMENT

(1.) This Criminal Appeal has been filed to set aside the judgment dtd. 2/2/2016 passed in Criminal Appeal No. 35 of 2015 on the file of the learned III Additional District and Sessions Judge, Salem and thereby convict the Accused/Respondent with payment of compensation to the Appellant.

(2.) The Appellant in this Appeal is the Complainant, who had instituted the complaint in C.C. No. 115 of 2010 on the file of the learned Judicial Magistrate-I, Sankari under Sec. 138 of The Negotiable Instruments Act, 1881.

(3.) Before proceeding with the merits of the Appeal, it must be stated that on 14/12/2023, when this Appeal was taken up for hearing, it was informed by the learned Counsel for the Appellant that the Appellant died and his legal heirs have to be impleaded. On that date, when this Appeal was reserved for pronouncing Judgment, the learned Counsel for the Appellant was also directed to take steps to bring the legal heirs on record by filing appropriate application. It is also to be observed that the death of the Appellant will not in any manner preclude this Court from dealing with this Appeal on merits. The challenge in this Appeal is as to the correctness and validity of the Judgment passed by the Appellate Court, reversing the Judgment of conviction recorded by the trial Court. Therefore, this Court proceeds to dispose of this Appeal on it's own merits.