Appellant Kanahaiya Lal appealed against acquittal after opposite party in original case died. Court held no purpose served to keep appeal pending as deceased co-respondent is no more. Appeal dismissed as abated.
Criminal Appeal No. 2850 of 2007 dismissed as abated.
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Court No. - 27
Case :- CRIMINAL APPEAL No. - 2850 of 2007
Appellant :- Kanahaiya Lal Respondent :- State Of U.P. & Another Counsel for Appellant :- S.C. Pandey,Vishnu Gautam Counsel for Respondent :- Govt. Advocate,Arun Kumar Srivastava,Vishal Shukla
Hon'ble Aniruddha Singh,J.
None appeared on behalf of appellant. Learned AGA is present for the State.
This criminal appeal has been preferred under section 378(5) Cr.P.C. by Kanahaiya Lal against Chandra Prakash Vashaney who was acquitted under section 138 of Negotiable Instruments Act vide judgment and order dated 31.1.2007 passed by Special Judicial Magistrate, Court No.2, Aligarh in Criminal Case No. 301 of 2006, Police Station Sasnigate, District Aligarh.
Report of CJM dated 3.11.2018 submitted in compliance of order dated 29.10.2018 reveals that Opposite party No.2 Chandra Prakash Vashaney died on 15.72007. Death report issued by Nagar Swasthya Adhikari, Nagar Nigam, Aligarh, statements of Nizamuddin, Sub-Inspector, Sameer Vashaney (son of opposite party No.2) and Mukesh Kumar Gupta(brotherin-law of opposite party No.2) are annexed with the report of CJM.
In compliance of order of this Court, CJM, Aligarh has given explanation stating that due to non-appearance of Sameer Vashaney(son of opposite No.2) on 23.10.2018, his statement was recorded on 29.10.2018, hence death report was not submitted by him. Explanation given by CJM, Aligarh is satisfactory. No further action is required.
Since Chandra Prakash Vashaney, opposite party no.2 is no more, no fruitful purpose would be served in keeping this appeal pending. The appeal stands dismissed as abated.
Record of lower Court alongwith copy this order be transmitted to the Court concerned immediately.
Order Date :- 13.11.2018 P.P.
1 provisions across 1 enactments
Kanahaiya Lal
State Of U.P.
Chandra Prakash Vashaney
Aniruddha Singh
As recorded by the court registry
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