Judgment

Mr. Pankaj Jain, J. (Oral):- Present petition filed under Section 482 of the Code of Criminal Procedure, 1973 inter-alia challenging order dated 29.01.2021 (Annexure P-1) passed by Additional District Judge, Ambala wherein a finding has been recorded that an appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act will not abate despite the death of convict-Raj Kumar Handa.

2. In the complaint filed by respondent No. 2-Jugal Kishore Sobti, Raj Kumar Handa, father of petitioners No. 1 and 2 and husband of petitioner No. 3, was convicted and was sentenced to undergo simple imprisonment for a period of 1 year and was also directed to pay a compensation of Rs. 12 lakhs. Raj Kumar Handa preferred an appeal. During the pendency of appeal, the convict-Raj Handa died on 07.08.2020. After the fact of death of Raj Kumar Handa was brought to the notice of the Court, the impugned order was passed to the following effect:-

“Death report of appellant-convict Raj Kumar Handa has been placed on record which show that he expired on 07.08.2020. This is an appeal against conviction whereby appellant/convict was sentenced to undergo simple imprisonment for a period