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2026:CGHC:5335

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ACQA No. 126 of 2024

Rajesh Singh S/o. Late Chandrika Singh, Aged About 69 Years R/o. Sant

Asharam Bapu Nagar, P.S. Jamul, Tehsil And District Durg Chhattisgarh.

... Appellant

versus

Ishwar Satnami S/o. Malikram, Aged About 45 Years R/o. House No. 20

Sunder Vihar Colony, Kurud Road, P.S. Jamul, Tehsil And District Durg

Chhattisgarh.

... Respondent

(Cause title taken from Case Information System)

For Appellant : Mr. Jitendra Gupta, Advocate

Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

30/01/2026

1.

Heard on I.A. No. 1 of 2026, an application for substitution of legal

representatives of the deceased/respondent.

2.

Learned counsel for the appellant would submit that, the sole

respondent has died on 21.01.2025, and he wants to implead his

legal representatives in the present acquittal appeal in his place.

3.

Digitally This is an appeal against acquittal filed by the complainant. The

signed by

VED

VED PRAKASH

PRAKASH DEWANGAN

DEWANGANDate:

2 10 92 :26 9.0 :52 4.02 present respondent- Ishwar Satnami (since died), was being

+0530

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prosecuted by the complainant for the offence under Section 138 of

Negotiable Instruments Act, 1881, in Complaint Case No. 28025 of

2013, before the Judicial Magistrate First Class, Durg, and he was

convicted vide Judgment dated 26.10.2021 by the learned trial Court

and sentenced till rising of the court with fine of Rs. 1,54,000/-, in

default of payment of fine, 2 months additional S.I. The said amount

of fine is ordered to be paid to the complainant as compensation as

provided under Section 357-1B of CRPC.

4.

The said judgment of conviction and sentence dated 26.10.2021 was

challenged by the respondent- Ishwar Satnami, before the learned 6^th

Additional Sessions Judge, Durg, by filing his Criminal Appeal No.

226 of 2021. The said Criminal Appeal was allowed vide its judgment

dated 29.09.2022 and the respondent- Ishwar Satnami has been

acquitted from the alleged offence of Section 138 of Negotiable

Instruments Act and his conviction and sentence was set aside,

against which the present Acquittal Appeal has been filed by the

complainant. During the pendency of the present Acquittal Appeal,

the accused- Ishwar Satnami has died on 21.01.2025 and the

appellant sought substitution of his legal representatives as the

respondent in his place.

5.

Next, Section 394 of CRPC (Section 435 of BNSS, 2023) provided

the abatement of Appeal which reads as under:-

“394. Abatement of appeals.—

(1) Every other appeal under section 377 or

section 378 shall finally abate on the death

of the accused.

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(2) Every other appeal under this Chapter

(except an appeal from a sentence of fine)

shall finally abate on the death of the

appellant:

Provided that where the appeal is against a

conviction and sentence of death or of

imprisonment, and the appellant dies

during the pendency of the appeal, any of

his near relatives may, within thirty days of

the death of the appellant, apply to the

Appellate Court for leave to continue the

appeal; and if leave is granted, the appeal

shall not abate.

Explanation.—In this section, “near relative”

means a parent, spouse, lineal

descendant, brother or sister.”

6.

Since the respondent/accused has died during pendency of the

Appeal and no application has been filed by his near relative, but the

application has been filed by the complainant for substitution of his

legal representatives. As per the provision of Section 394(1) of

CRPC, every appeal under Section 378 shall finally abate on the

death of the accused.

7.

Present is also an Acquittal Appeal under Section 378(4) of the Code

of Criminal Procedure and the respondent/accused has died during

pendency of the Appeal. Therefore, the Appeal against him is finally

abated.

8.

Accordingly, the application I.A. No. 01 of 2026 is rejected and it is

held that, on the death of the sole respondent- Ishwar Satnami, the

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present appeal of the complainant is abated. The complainant may

take other recourse to law available to him to redress h