Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.36 of 2017
Date of Decision: 17.03.2026 __________________________________________________________________________ Damodari and Others
……...Petitioners Versus Tej Ram and Another …....Respondent Coram Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? __________________________________________________________________________ For the Petitioners: Ms. Kiran Kanwar, Advocate, as Legal Aid Counsel. For the Respondent: Mr. L.S. Mehta, Advocate, for respondent No.1. Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. _________________________________________________________________________________ Sandeep Sharma, J. (Oral) Learned Legal Aid Counsel representing the petitioners state that during pendency of the present petition, original accused, namely Tara Chand, has expired and as such, present criminal revision petition has abated. She fairly states that as far as amount of compensation awarded by Court below, while holding the aforesaid accused guilty of his having committed the offence punishable under Section 138 of the Negotiable Instruments Act is concerned, respondent-complainant is required to initiate appropriate proceedings in the appropriate Court of
2 law for recovery of amount from the estate of deceased-accused, which has now further devolved upon his legal representatives.
2. Mr. L.S. Mehta, learned counsel representing respondent No.1, while fairly admitting factum with regard to death of original accused, states that while disposing of the present petition, being abated, this Court may reserve liberty to the respondent-complainant to file appropriate proceedings in the appropriate Court of law for recovery of compensation from the LRs of deceased Tara Chand.
3. Since it is not in dispute that petitioner-accused has expired, present petition stands abated and is accordingly disposed of. Needless to say, compensation ordered to be given by the deceased-accused can always be recovered by the complainant from the estate of deceased- accused, if any, by filling appropriate proceedings in the appropriate Court of law and for that purpose, no liberty is otherwise required to be reserved by this Court. Pending applications, if any, also stand disposed of. (Sandeep Sharma), Judge March 17, 2026 (Rajeev Raturi)