Bombay High Court
CHANDRAKANT RAGHUNATH CHALKEversusPRAKASH BABURAO MORE AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The appeal was dismissed as abated due to the death of the respondent.
Summary
The appellant, Chandrakant R. Chalke, appealed against a judgment of the Sessions Court, Mumbai, which had set aside a conviction of Prakash B. More under Section 138 of the Negotiable Instruments Act. The Sessions Court had acquitted the respondent on the basis that the Metropolitan Magistrate's conviction was unsound. During the pendency of the appeal, the respondent, Prakash B. More, died on 19 July 2024, and a death certificate was produced. The appellant argued that the appeal should continue despite the death. The High Court held that the death of a party in a criminal appeal abates the proceedings. Consequently, the appeal was dismissed as abated.
Issues considered
- What is the effect of the death of a respondent on pending criminal appeal proceedings?
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- abated appeal
- death of party
- criminal appeal
- conviction set aside
Judgment
Digitally
signed by
DINESH
DINESH SADANAND
SADANAND SHERLA
35-apeal-568-16.odt
SHERLA Date:
2026.08.20
17:45:48
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.568 OF 2016
Chandrakant R. Chalke …Appellant
V/s.
1. Prakash B. More
2. State of Maharashtra ...Respondents.
…………..
Mr. Dharmesh S. Joshi i/b T.D. Joshi and Associates for the
Appellant.
Mr. P.H. Gaikwad, APP for the Respondent/State.
…………..
CORAM : N.R. BORKAR, J.
DATE : 20.08.2026.
P.C. :
1. Mentioned out of turn.
2. This appeal takes exception to the judgment and order dated
28th August 2015 passed by the learned Sessions Court, Mumbai in
Criminal Revision Application No.954 of 2013.
2. By the impugned judgment and order, the learned Sessions
Court has set aside the order of conviction passed by the learned
Metropolitan Magistrate, Girgaum, Mumbai dated 5 th August 2013
in C.C. No.7/SS/2006 and acquitted respondent No.1 herein for the
offence punishable under Section Section 138 of the Negotiable
Instruments Act.
Dinesh S. Sherla 1/2
35-apeal-568-16.odt
3. Learned counsel for the appellant submits that during
pendency of the present appeal, respondent No.1 has expired on
19th July 2024. Learned counsel for the appellant has tendered the
Death Certificate to that effect. Same is taken on record and
marked as “X” for the purpose of identification.
4. In that view of the matter, the present Appeal/Application
stands dismissed as abated.
[N.R.BORKAR, J.]
Dinesh S. Sherla 2/2
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