Ajit Kumar Kolay @ Ajit Kolay v. Nilmony Dey

10.04.2025 Sl. No.9 AMR Ct.No.655 CRA 306 of 1997 In the matter of : Ajit Koley @ Ajit Kumar Koley .... Appellant Mr. Debasis Sur Mr. Hare Krishna Halder ...for the Appellant

1. In pursuance of the direction passed by this Court, the appellant, Ajit Koley @ Ajit Kumar Koley is present before this Court.

2. The appellant is represented by the learned advocate and as such, his personal appearance stands dispensed with.

3. The instant appeal is preferred at the behest of the appellant challenging the impugned judgment and order of acquittal dated 26.3.1997 passed by the learned Chief Metropolitan Magistrate, Calcutta in connection with Case No. C/118/96 under Section 138 of the N.I. Act.

4. The opposite party in the complaint case is arraigned as respondent no. 1 in this case.

5. It appears that the report submitted by the learned Registrar Administration (L & OM) dated 7.6.2024, that the opposite party no.1, Nilmony Dey was expired on 19.7.2001

and a certificate of death was collected by the concerned P.S. which also supports the death of the respondent no. 1.

6. The instant appeal stands abated due to death of the accused respondent no.1. Accordingly, the instant appeal be and the same is dismissed as abated.

(Prasenjit Biswas, J.)