GADALE VASANTHA Vs. M/S.CYBERMATE INFOTEK LIMITED

JUDGEMENT

(1.) This criminal appeal is filed by the Complainants 1 and 2 as Appellants 1 and 2 against order of acquittal of the Respondents 1 to 3/A-1 to A-3 recorded by XVII Metropolitan Magistrate, Hyderabad in C. C. No. 732 of 2003 vide judgement dated 26-04-2005. When this Appeal has been pending in this Court, the first complainant/first appellant died on 19-12-2007; therefore, Crl. A. M. P. (S. R. ) No. 28256 of 2011 is filed for impleading the Petitioners 3 to 6 therein who are her husband and children, as her legal representatives (L. Rs). Crl. A. M. P. No. 1431 of 2011 is filed by them for condoning the delay of 1318 days in filing the L. R. Petition. These petitions are opposed by the respondents/accused.

(2.) L. Rs of the deceased first appellant were sought to be brought on record under Section 394(2) Cr. P. C. Section 394 reads as follows:

(3.) Placing reliance on Thothan V. Murugan, 1958 CrLJ 1488of the Madras High Court, it is contended by the appellants' counsel that since there is no provision in the Code providing for the legal representatives of the deceased appellant/complainant to continue the proceedings in the appeal, the petition for bringing husband and children of the deceased first appellant on record is not maintainable. While considering similar provision under the old Code of Criminal Procedure, 1898 the Madras High held as follows: