THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.289 of 2000 BETWEEN: Buradagunta Padmakar S/o. Benjman, Teacher, Z.P.H. School, Mandapadu, Now residing at Guntur. PETITIONER AND 1. Komatineni Ravindrababu, S/o. Late Guruswami, R/o. S.V.N.Colony, Guntur. 2. State of A.P. rep. by Public Prosecutor, High Court of A.P. Hyderabad. RESPONDENTS Counsel for the petitioner: Sri A. Sridhar Rao Counsel for the respondents: Additional Public Prosecutor The Court made the following order: ORDER: The petitioner, who was tried as A.1 in C.C.No.312 of 1999 on the file of VII Additional Munsif Magistrate, Guntur, was convicted for the offences punishable under Section 138 and 142 of the Negotiable Instruments Act. Brief facts of the case are that A.1 and A.2 borrowed and amount of Rs.70,000/- from the complainant (PW.1) agreeing to repay the said amount with interest @ 24% p.a. In spite of repeated demands by the complainant they failed to repay the said amount, but however, issued a cheque for Rs.90,000/- drawn on Syndicate Bank. When the complainant presented the cheque before the Bank for collection, the same was returned with an endorsement “insufficient funds”. Therefore, the complainant got issued a legal notice on 20.08.1998. Since the accused did not turn up, he filed the above C.C. During the course of trial the complainant examined PWs.1 to 3 and got marked Exs.P.1 to P.9. The accused got marked Exs.B.1 to B.5. On consideration of the evidence adduced before it, the trial Court found the accused guilty of the above referred offences and sentenced them to undergo simple imprisonment for a period of six months each and to pay a fine of Rs.5000/- each in default to undergo simple imprisonment for one month each. As against the said sentence, A.1 filed Crl.M.P.No.469 of 2000 in C.C.No.312 of 1999 and obtained bail. After obtaining bail, he filed an appeal under Section 389 (1) Cr.P.C., before the Sessions Judge, Guntur, which was ended in dismissal confirming the order of the trial Court. Hence the present revision case. Learned counsel for the petitioner submits that the petitioner died. In the light of the above submission, revision case got abated and does not survive. Accordingly, the Criminal Revision Case is dismissed as abated. _________________________ (GOPALAKRISHNA TAMADA, J.) 22nd July, 2010. Js.