ORDER :

1. The short question involved in the instant acquittal appeal is with regard to the right of the appellant/complainant in proceeding with the appeal challenging the order of acquittal of the respondent/accused under Section 138 of the Negotiable Instruments Act, 1881 after the death of the accused during the pendency of the appeal.

2. The aforesaid question arises in the following factual backdrop :-

2.1. That, the appellant/complainant filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short, “the NI Act”) against the respondent/accused for dishonor of cheque, but ultimately, learned Judicial Magistrate, by its judgment dated 08/01/2019 (Annexure A/1) dismissed his complaint finding no merit and acquitted the respondent/accused from the charges under Section 138 of the NI Act.

2.2. Feeling aggrieved and dissatisfied with the judgment of acquittal, the appellant/complainant had preferred the instant acquittal appeal before this Court on 30/09/2019, but during the pendency of the appeal, the respondent/accused died on 08/11/2020 and thereafter, on 02/01/2021, the appellant/complainant has moved an application for bringing the legal representatives