IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPEAL No. 1637 of 2001 (Old No. 1067/1996) Ramesh Nath Kamboj Versus .…. Appellant/Accused State of U.P. & Another …………… Respondents April 23, 2010 None for the appellant. Mr. Amit Bhatt, Addl. GA for the State/respondent no. 1. None for the respondent no. 2. HON’BLE DHARAM VEER, J. This appeal, preferred by the appellant u/s 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 31.5.1996 passed by the Judicial Magistrate II, Dehradun in Criminal Case No. 107/1996, Ramesh Nath Kamboj v. Smt. Leela Bhanot, whereby respondent no. 2 Smt. Leela Bhanot has been acquitted of the charge of offence punishable under Section 138 of Negotiable Instruments Act, 1881. Chief Judicial Magistrate, Dehradun has reported vide his report dated 10.8.2004 that respondent no. 2 Smt. Leela Bhanot has died on 18.2.1999 and, therefore, notice on respondent no. 2 could not be served. Appellant has been reported to be served personally, but none is present on his behalf. Hence, the appeal filed by the appellant Ramesh Nath Kamboj against the respondent no. 2 Smt. Leela Bhanot is abated. Let the lower court record be sent back. PRABODH (Dharam Veer, J.) 23.04.2010