John Amalraj(Deceased) v. P.S.Sethuraman
Criminal law – Abatement of appeal on death of accused
Case brief
What is this about?
Madras High Court, Sathi Kumar Sukumara Kurup, J, Crl.A.No.182 of 2021 (decided 06.06.2025): Criminal appeal under Section 378(4) CPC challenging acquittal in C.A.No.319 of 2018 (12.02.2020) of the conviction in C.C.No.73 of 2012; dismissed as abated upon report of death of respondent/accused; complainant granted liberty and extended time to pursue recovery of dues from the deceased accused's estate through Civil Court; limitation objection of the legal heirs not considered in the appeal.
What did the court decide?
Criminal Appeal dismissed as abated, granting liberty to the Complainant/Appellant to seek relief through the Civil Court against the estate left behind by the Accused, with the time limit extended by the Court exercising its discretion; the limitation plea of the legal heirs expressly not considered in this case. ¶25