Bombay High Court

SHABU BHIMAPPA DUDHALEversusPARMANAND DHANMAL JETHANI AND ANR

Disposal: Disposed Off

Holding

The appeal is abated due to the death of the sole accused.

Summary

The appellant, Shabu Bhimappa Dudhale, appealed against an acquittal order dated 29 January 2009 in a case under Section 138 of the Negotiable Instruments Act, seeking to have the acquittal quashed and the respondent convicted. The sole accused respondent, Parmanand Dhanmal Jethani, had died before the appeal could be decided. The appellant’s counsel argued that the death of the accused rendered the proceedings abated. The Court examined whether the death of a sole accused extinguishes the criminal liability and thereby abates the appeal. It held that with the death of the only accused, the criminal proceedings cannot continue and must be abated. Consequently, the appeal was disposed of as abated.

Issues considered

What is the effect of the death of a sole accused on pending criminal appeal proceedings?

Subjects

criminal appeal
abated proceedings
death of accused
Negotiable Instruments Act
Section 138
acquittal
quash order

Judgment

1
64-APEAL-962-2009 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CR. APPEAL NO. 962 OF 2009

Shabu Bhimappa Dudhale …...Appellant
VERSUS
Parmanand Dhanmal Jethani And Anr. …...Respondents

_________________________________________________________________

Ms. Manjiri Kulkarni i/b Mr. Abhijit Adagule, for Applicant.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 17th AUGUST, 2026.
P.C.

1. Heard Ms. Manjiri Kulkarni, learned Advocate for the Appellant.

2. By the present Appeal, the Appellant has sought the following

substantial relief in terms of prayer clause (c):

“c) that the Judgment and Order of acquittal dated 29/01/2009
passed by 5th Ld. J.M.F.C. Kolhapur, in S.C.C. No.216 of 2007
may kindly be quashed and set aside and the Respondent
No.1 may kindly be convicted for offence U/s. 138 of
Negotiable Instruments Act;”

3. Ms. Manjiri Kulkarni, learned Advocate for the Appellant, on

instructions from the Appellant, states that the Respondent, who is the sole

accused in the present proceeding, has expired.

Shantanu S. Dhudum
2
64-APEAL-962-2009 (CR).DOC

4. She submits that, in view of the death of the sole accused, the

proceedings stand abated.

5. In view of the submission made by Ms. Manjiri Kulkarni, learned

Advocate for the Appellant, Criminal Appeal No.962 of 2009 is disposed of

as abated.

( ASHWIN D. BHOBE, J.)
Digitally signed
by SHANTANU
SHANTANU SHANKARSA
DHUDUM
SHANKARSA
Date:
DHUDUM 2026.08.18
10:50:54
+0530

Shantanu S. Dhudum

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