HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1200 of 1987 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Case called out in the revised call. None has appeared on behalf of the appellant to press the present appeal. 2. Heard learned AGA for the State and perused the record. 3. This Criminal Appeal has been filed under Section 378 (4) Cr.P.C. against the order dated 8.12.1983 in Case No. 857 of 1982 ( Sarafat Vs. Mahesh Chandra Sharma & Ors) passed by the Ist Upper Munsif Magistrate, Amroha, District- Moradabad whereby the trial court has acquitted the accused-respondents under Section 408 IPC in a complaint case. 4. As per the report of Chief Judicial Magistrate, Amroha dated 27.8.2025, the sole-appellant namely Sarafat had died. 5. Since the sole appellant had died it would be worthwhile to reproduce Section 394 Cr.P.C. which reads as follows:- " (1) ..... (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant." 6. Since the sole appellant-Sarafat had died, in view of the provisions under Section 394(2), the appeal is abated at the behest of the sole appellant. Versus Counsel for Appellant(s) : K.N. Ansari Counsel for Respondent(s) : A.G.A. Sharafat .....Appellant(s) Mahesh Chandra Sharma And Others .....Respondent(s) 7. Accordingly, this appeal is dismissed as having become abated. The record of the present criminal appeal is consigned to record. 7. The lower court's record, if already received shall be returned back to the trial court itself. September 16, 2025 Akbar CRLA No. 1200 of 1987 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad