Narain Nanik Hingorani v. Harish Kishchand Chandnani And ANR

1 4.39.19 appln.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 39 OF 2019 Narain Nanik Hingorani .....Applicant V/s.

Harish Kishchand Chandnani and another .....Respondents Mr. Karan L. Jain for the applicant Ms. Nishigandha Kadam for respondent no. 1 Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

DECEMBER 11, 2019.

P.C.

Respondent-accused Harish Chandnani came to be convicted by Additional Chief Metropolitan Magistrate in C.C. No. 62/PW/2005 for offence punishable under Section 420 of the Indian Penal Code. Accused preferred an appeal being Appeal No. 406 of 2017 came to be allowed vide impugned Judgment and Order dated 27/09/2018.

As a consequence of above, complainant has preferred present

2 4.39.19 appln.doc appeal against acquittal of the accused. Son of respondent-accused namely Anand has sworn an affdavit dated 11/12/2019 thereby producing on record death certifcate of accused and claimed to have been died on 10/10/2019 issued by Municipal Corporation of Greater Mumbai H West Ward. Affdavit alongwith said copy of death certifcate is taken on record and marked as 'X' for identifcation. Learned counsel for applicant-original complainant does not dispute the death of respondent-accused. He submits that LR's of respondent-accused are already on record in Civil proceedings. In the aforesaid background, since the issue of death of respondent-accused is not disputed, statement made by both counsel that respondent-accused has expired is accepted. As such, Appeal dismissed as abated.

As a consequence, all pending applications also stand disposed of.

[NITIN W. SAMBRE, J.]