1 2026:CGHC:5334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 375 of 2023 Rajesh Singh S/o Late Chandrika Singh, Aged About 69 Years R/o Sant Asharam Bapu Nagar, P.S. Jamul Tahsil And District Durg, Chhattisgarh. (Complainant) ... Appellant versus Ishwar Satnami S/o Malikram, Aged About 45 Years R/o House No. 20, Sunder Vihar Colony, Kurud Road, P.S.- Jamul, Tehsil And District- Durg, Chhattisgarh. ... Respondent (Cause title taken from Case Information System) For Appellant : Mr. Jitendra Gupta, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 30/01/2026 1. Heard on I.A. No. 2 of 2026, an application for substitution of legal representatives of the deceased/respondent. 2. Learned counsel for the appellant would submit that, the sole respondent has died on 21.01.2025, and he wants to implead his legal representatives in the present acquittal appeal in his place. 3. This is an appeal against acquittal filed by the complainant. The present respondent- Ishwar Satnami (since died), was being VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.02.02 19:31:55 +0530 2 prosecuted by the complainant for the offence under Section 138 of Negotiable Instruments Act, 1881, in Complaint Case No. 28023 of 2010, before the Judicial Magistrate First Class, Durg, and he was convicted vide Judgment dated 26.10.2021 by the learned trial Court and sentenced till rising of the court with fine of Rs. 1,46,700/-, in default of payment of fine, 2 months additional S.I. The said amount of fine is ordered to be paid to the complainant as compensation as provided under Section 357-1B of CRPC. 4. The said judgment of conviction and sentence dated 26.10.2021 was challenged by the respondent- Ishwar Satnami, before the learned 6th Additional Sessions Judge, Durg, by filing his Criminal Appeal No. 227 of 2021. The said Criminal Appeal was allowed vide its judgment dated 29.09.2022 and the respondent- Ishwar Satnami has been acquitted from the alleged offence of Section 138 of Negotiable Instruments Act and his conviction and sentence was set aside, against which the present Acquittal Appeal has been filed by the complainant. During the pendency of the present Acquittal Appeal, the accused- Ishwar Satnami has died on 21.01.2025 and the appellant sought substitution of his legal representatives as the respondent in his place. 5. Next, Section 394 of CRPC (Section 435 of BNSS, 2023) provided the abatement of Appeal which reads as under:- “394. Abatement of appeals.— (1) Every other appeal under section 377 or section 378 shall finally abate on the death of the accused. 3 (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or sister.” 6. Since the respondent/accused has died during pendency of the Appeal and no application has been filed by his near relative, but the application has been filed by the complainant for substitution of his legal representatives. As per the provision of Section 394(1) of CRPC, every appeal under Section 378 shall finally abate on the death of the accused. 7. Present is also an Acquittal Appeal under Section 378(4) of the Code of Criminal Procedure and the respondent/accused has died during pendency of the Appeal. Therefore, the Appeal against him is finally abated. 8. Accordingly, the application I.A. No. 02 of 2026 is rejected and it is held that, on the death of the sole respondent- Ishwar Satnami, the 4 present appeal of the complainant is abated. The complainant may take other recourse to law available to him to redress his grievances. Sd/- (Ravindra Kumar Agrawal) Judge ved