The High Court dismissed the appeal filed by a banking cooperative against an acquittal order dated 27.7.1989 under Section 408 IPC. The court held that since the sole accused respondent died during the pendency of the appeal, no proceeding to judge the sustainability of the acquittal order could arise.
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CRA No.29 of 1990
As none had appeared on behalf of the parties, by order dated 02.01.2017, notice had been issued to the parties. The report has now come that the respondent no. 1 is dead. Notice has been duly served upon the appellant and respondent no. 2.
None appears on behalf of the appellant and respondent no.2.
The appellant i.e. Sambalpur District Co-operative Central Bank, represented through its Secretary, in this appeal has called in question the order of acquittal dated 27.7.1989 passed by the learned S.D.J.M., Bargarh in 1.C.C. Case No. 93 of 1977 (Trial No. 1033 of 1977) acquitting the respondent no. 1 for offence under section 408 IPC. The respondent no. 2 i.e. Sankirda Service Cooperative Society Ltd. is the co-complainant where the respondent no. 1 (accused) was working as the Secretary from the year 1968 to 01.11.1976. The allegation in the complaint is that the respondent no. 1 (accused) being the Secretary of said Society had been entrusted with a sum of Rs.9,600/- which he had received from the Regional Co-operative Marketing sSociety, Bargarh on behalf of the Society and had failed to account for.
In view of death of respondent no.1 who was the sole accused before the trial court and whose acquittal has been challenged in this appeal, now the question of further proceeding to hear the appeal in judging the sustainability of said order of acquittal does not arise as no finding as to
commission of offence by the respondent no. 1 since dead can be recorded.
In view of that, the appeal stands dismissed.
…………………..
D. Dash,J.
Aks
1 issue framed by the court
Whether the appeal for acquittal can proceed given the death of the sole accused during the appeal process.
Sambalpur District Co-operative Central Bank
respondent no. 1
Sankirda Service Cooperative Society Ltd.
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
