IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Leave Application No. 9 of 2004 Gopal Dutt Nautiyal S/o Late Rameshwar Dutt Nautiyal R/o 9F/608 Borari New Tehri, District Tehri Garhwal ….Applicant Versus 1. Shyam Singh Pachami S/o Uttam Singh Pachami Proprietor Looks Garments Shop No. B-3 Open Shopping Complex Borari College Road New Tehri District Tehri Garhwal 2. State of Uttarakhand ….Respondents Mr. Dinesh Chauhan, Advocate for the appellant. Mr. B.P. Nautiyal, Advocate for respondent No. 1. Mr. Nandan Arya, A.G.A. for the respondent No. 2. Hon’ble J.C.S. Rawat, J. Mr. Dinesh Chauhan, Advocate for the appellant. Mr. B.P. Nautiyal, Advocate for respondent No. 1. Mr. Nandan Arya, A.G.A. for the respondent No. 2. 2. This is an appeal against the judgment and order dated 31.08.2004 passed by Special Judicial Magistrate, Tehri Garhwal in Criminal Case No. 394 of 2003, Ram Gopal Vs. Shyam Singh u/s 138 Negotiable Innstruments Act whereby the learned Special Judicial Magistrate acquitted the respondent No. 1 Shyam Singh Pachami u/s 138 of N.I. Act. Feeling aggrieved by the said judgment and order, the present leave to appeal application has been preferred by the applicant/appellant the acquittal. 3. This ocurt was informed on 20.02.2008 by the learned counsel for the appellant that respondent No. 1 Shyam Singh Pachmi has died and the learned counsel for the applicant/appellant was asked to file supplementary affidavit about the said fact. On 29.02.2008, this Court sough a report from the Chief Judicial Magistrate concerned as to whether the respondent No. 1 Shyam Singh Pachami has died or not. Pursuant to this, the Chief Judicial Magisgrate has obtained a report from the police Station whereby it is reported that the respondent No. 1 Shyam Singh Pachami has died on 20.04.2007 and death certificate was also attached alongwith the said report. 4. After receiving the report from the police station concerned, it has been reported by the Chief Judicial Magistrate concerned that the respondent No. 1 Shyam Singh Panchami has died as has been alleged by the appellant. 5. Since, the sole respondent No. 1 Shyam Singh Pachami has died in this case, as such, the leave to appeal application stands abated. Accordingly, the leave to appeal application is dismissed as abated. Consequently, the appeal also stands dismissed as abated. (J.C.S. Rawat, J.) 18.03.2008 Shiv