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2016 DIGILAW 2715 (HP)

RAKESH VERMA v. RAM CHANDER

2016-12-22

SURESHWAR THAKUR

body2016
JUDGMENT : Sureshwar Thakur, J. 1. The instant Criminal Revision Petition stands directed by the petitioner herein against the concurrently recorded pronouncements made by both the learned Courts below, whereupon, the petitioner herein/accused stood convicted for his committing an offence punishable under Section 138 of the Negotiable Instruments Act besides he stood sentenced to undergo simple imprisonment for a period of six months also he stood directed to pay the cheque amount to the complainant as compensation. 2. The instant revision petition preferred herebefore by the convict/accused is grossly time barred, for condonation whereof, an application bearing Cr. MP (M) No. 1851 of 2015 stands instituted herebefore. However, a perusal of the array of respondents occurring in the apposite application instituted herebefore by the convict/petitioner for begetting condonation of the delay which has occurred in the institution of the Criminal Revision Petition herebefore discloses qua the complainant no longer surviving whereupon his legal representatives are strived to be substituted in his place in the apposite array of respondents. The demise of the complainant occurred on 23.11.2012 as unraveled by an averment made in paragraph No. 3 of the application bearing No. Cr. MP (M) No. 27 of 2016, instituted herebefore under Section 482 of the Cr.P.C. read with Section 5 of the Limitation Act wherein a relief qua on his demise his standing ordered to be substituted by his legal heirs stands canvassed. Since, it stands unfolded by the apposite pronouncement recorded on 15.10.2013 by the learned Sessions Judge, Mandi, District Mandi, H.P. qua his standing seized on 29.06.2010 with an appeal preferred therebefore by the convict/accused stirs an inference qua his demise occurring during the pendency of appeal before the learned Sessions Judge, Mandi. However, at that stage the deceased respondent/complainant remained unsubstituted by his legal heirs also the pronouncement of conviction recorded upon the accused/revisionist by the learned Sessions judge Mandi stood recorded in a lis wherein in the array of parties whereof, thereat the respondent/complainant was no longer surviving, whereupon the impugned pronouncement recorded by the learned Sessions Judge, Mandi upon the petitioner/convict stands infected with a vice of nullity it standing pronounced qua a dead person, who there before remained un-substituted by his legal representatives. 3. Be that as it may, consequently, application bearing No. Cr. 3. Be that as it may, consequently, application bearing No. Cr. MP No. 27 of 2016 preferred herebefore for begetting the substitution of deceased respondent/complainant Ram Chander by his legal representatives is not maintainable hereat. Resultantly, it is dismissed. 4. Furthe more, since, the impugned rendition recorded by the learned Sessions Judge, Mandi stands stained with an inherent defect of it standing pronounced upon the accused/convict even when the respondent/complainant had died during the pendency of the appeal before the learned Sessions Judge, Mandi, also when he remained unsubstituted by his legal heirs there-before, imperatively, hence when the impugned rendition of the learned Sessions Judge, Mandi stands stained with an inherent defect of it being nonest whereupon it warrants it standing quashed and set aside thereupon merely for facilitating this Court to hence quash the stained impugned order pronounced by the learned Sessions Judge, Mandi, it is befitting to proceed to condone the delay which has occurred in the institution of the Criminal Revision Petition before this Court. Consequently, Cr. MP(M) No. 1851 of 2015 is allowed and the delay which has occurred in the institution herebefore of the instant revision petition against the concurrently recorded renditions of both the learned Courts below is condoned. 5. Cr. MP No. 27 of 2016 for substitution of deceased respondent/complainant by his legal representatives is dismissed it being not maintainable herebefore. 6. The instant Criminal Revision Petition bearing No. 397 of 2016, for reasons aforesaid is allowed and the impugned judgment rendered by the learned Sessions Judge, Mandi is quashed and set aside. The matter is remanded to the learned Sessions Judge, Mandi to either suo moto beget substitution of deceased respondent/complainant by his legal representatives or beget his substitution by his legal heirs after rendering a decision in accordance with law on any application moved there-before by the revisionist/convict for begetting the substitution of deceased respondent/complainant Ram Chander by his legal representatives whereafter it shall proceed to record a fresh decision in criminal appeal No. 35 of 2010. The parties are directed to appear before the learned Sessions Judge, Mandi on 23rd February, 2017. All other pending applications, if any, also stand disposed of.