Madras High Court
Arulkanth vs The State on 16 November, 2017
Author: V.Bharathidasan
Bench: V.Bharathidasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.11.2017 CORAM: THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.A.No.99 of 2010 and M.P.No. 1 of 2011 Arulkanth .. Appellant Vs The State Rep. by Inspector of Police, CBCID, Prevention of Counterfeit Currency Cell, Chennai - 600 002. .. Respondent This Criminal Appeal is filed under Section 374(2) of Cr.P.C., to call for the records pertaining to S.C.133/2009 and set aside the Judgment and Order of conviction dated 11.02.2010 recorded therein by the Additional District & Sessions Court (Fast Track No.II), Chennai, convicting the appellant herein for the offences under Section 489B & 489C and 120B and sentencing him to undergo 6 months simple imprisonment for the offence under Section 120B IPC and to pay a fine of Rs.500/- and in default to undergo simple imprisonment for two weeks and 7 years each for the offences under Sections 489B & 489C of IPC and to pay a fine of Rs.500/- for each and in default to undergo rigorous imprisonment for two weeks. For Appellant : Mr.A.Madhumathi For respondent : Mr.R.Sekar Government Advocate JUDGEMENT
This appeal has been filed against conviction by A3, totally there are three accused in this case. A1 died, while the appeal was pending, A2 and A3 are convicted for an offence under Sections 489B, 489C and 120B Cr.P.C., and the trial Court convicted the accused/appellant under Section 120B Cr.P.c., and sentenced them to undergo Rigorous Imprisonment for 6 months and also to pay a fine of Rs.500/-, and for the offence under Sections 489B and 489C and also imposed a fine of Rs.500/- in default to undergo Rigorous Imprisonment for 7 years. Challenging the above said conviction and sentence, the A3 is before this Court with this Appeal.
2. Today when the matter is taken up for hearing, the learned Government Advocate appearing for the respondent would submit that pending appeal, the appellant namely Mr.Arul Kanth died on 18.08.2016 he has also filed a memo along with death certificate of the appellant.
3. In view of the submission and based on the memo filed by the learned Government Advocate (criminal side), this Criminal Appeal is dismissed as abated. Consequently, connected Miscellaneous Petition is closed.
16.11.2017 dh Index:Yes To
1. The Additional District & Sessions Court (Fast Track No.II), Chennai.
2. The Public Prosecutor, High Court, Madras.
V.BHARATHIDASAN,J.
dh Crl.A.No.99 of 2010 16.11.2017