IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEAL NO. 34 OF 2007 MR. RAFIQ MUPENDAGTH ... Appellant Versus STATE OF GOA THROUGH ITS CHIEF SECRETARY AND ANR ... Respondents Ms. A. A. Razaq, Advocate for the appellant. Ms. W. Coutinho, Public Prosecutor for the respondent. Coram:- A. P. LAVANDE, J. Date:- 24th November, 2008 P.C. Ms. Razaq appearing on behalf of the appellant submits that the respondent no.2 expired on 12.11.2007. Copy of the death certificate after comparing with the original is taken on record and marked 'x' for identification. The said death certificate discloses that the respondent no.2 expired on 12.11.2007. The appeal is preferred against judgment and order of acquittal passed by the learned Magistrate acquitting respondent no.2 for the offence punishable under section 138 of the Negotiable Instrument Act. In view of the above position, the appeal abates. The bail bond executed by the respondent no.2 stands discharged. Needless to mention that the dismissal of the appeal will not affect the pendency of the civil proceedings if any, initiated against the respondent no.2. Appeal stands diposed of. A. P. LAVANDE, J. lh/.