-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 647 OF 1995 Manohar Rajaram Dhoble : .. Appellant. Residing at Monika,Tal. Junnar, : Dist. Pune. : V/s. 1. Jayanand Tulshiram Dhoble : .. Respondents. r/o. Monika, Tal. Junnar Dist.Pune.: : 2. State of Maharashtra : ---- Mr. N.R. Bubna h/f. Mr.R.S.Apte for the Appellant. Mr. G.H. Keluskar for the Respondent No.1. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 12th FEBRUARY,2009 DATED : 12th FEBRUARY,2009 DATED : 12th FEBRUARY,2009 P.C.: P.C.: P.C.: 1. The appeal is filed by the complainant against the respondent-accused Jayanand Tulshiram Dhoble, challenging the acquittal by the learned Judicial Magistrate, First Class, Junnar for the offence punishable under section 138 of the Negotiable Instruments Act. The learned counsel appearing for the appellant tenders a letter dated 15.12.2004 written by the son of the appellant complainant to his Advocate Shri Apte. By this letter it is informed that the respondent no.1-accused is expired about two and half years prior to the date of the -: 2 :- said letter. The letter is taken on record and marked ‘X’ for identification. 2. Since respondent no.1 died during the pendency of the appeal. The appeal stands abated and the same is accordingly disposed of as such. (R.V.MORE,J.) .....