JUDGMENT : Sureshwar Thakur, J. 1. Mr. Ashok Sood, hitherto counsel appearing for the appellant submits that the, appellant, has died during the pendency of the instant appeal before this Court. 2. The proper legal course to be adopted on occurrence, of demise of the appellant, is comprised in Section 256 Cr.P.C. provisions whereof are extracted hereinafter:- “256. Non- appearance or death of complainant. (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the nonappearance of the complainant is due to his death.” 3. There is no wrangle with the proposition, qua, where compensation is assessed vis-a-vis the complainant either in proceedings’ drawn under Section 138 of Negotiable Instrument Act or under other provisions borne in the apposite penal laws, thereupon on demise of the deceased complainant/appellant, the latter's legal representatives, being enabled to secure their substitution in his place. 4. However, when the deceased appellant/complainant, lodges, a complaint or an FIR in respect of a penal misdemeanor, singularly appertaining vis-a-vis him alone, (i) thereupon, unless further material, discloses, that other members, of, his family especially in a case constituted under Sections 451, 506 read-with Section 34 IPC, are, also besides the complainant hence aggrieved by the purported penal misdemeanors, of the accused, (ii) thereupon in absence thereof, hence, the continuation of, proceedings by the deceased complainant’s LRs. would be, grossly improper. 5. would be, grossly improper. 5. Since the records of the case, do not, disclose that apart, from, the aggrieved appellant, other members of his family, were also present, in contemporarily vis-a-vis the occurrence or also hence were aggrieved, (i) thereupon on his demise, the effect, of, offences hereat constituted, under the Indian Penal Code, are, construable to stand entailed singularly vis-a-vis him, also, penal injury spurring therefrom, is also hence rendered to accrue only vis-a-vis the deceased complainant. Consequently, on demise of the deceased appellant, the present appeal, cannot, be continued by his LRs. and hence, is dismissed as abated. Pending applications also stand disposed of accordingly.