death of accused should put an end to criminal proceedings

2022(6) Kar. L.J. 171
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

G. VARADARAJU
VERSES
UNION OF INDIA AND OTHERS

NEGOTIABLE INSTRUMENTS ACT, 1881, Sections 138 and 143- Code of Criminal Procedure, 1973, Section 378(4) read with Section 394(1) Abatement of appeals - Cheque bounce case - Petitioner assailing the constitutional validity of Section 378(4) read with Section 394(1) of the Cr. P.C. On the ground that the statutory abatement of criminal proceedings is discriminatory and therefore violative of equity clause enshrined under Article 14 of the Constitution of India - Said grounds, held, not acceptable - Provisions of law such as Section of the Cr. P.C. providing for abatement of proceedings are universal and time tested and animated with legislative wisdom and logic - A matter of pure legislative policy that death of accused should put an end to criminal proceedings - It, therefore, cannot be termed as discriminatory - A conviction resulting in the sentence of death or imprisonment stands on a different footing and such cases constitute a separate class from rest in the view of law maker - That per se does not render the law failing foul of the equality clause- Section 4 of the Cr. P.C. read with Section 143 of the N.I. Act makes its provisions applicable to trial of offences punishable under law other than the Indian Penal Code, 1860 as well - Some of the provisions of the Code are excluded from application does not mean other relevant provisions do not govern the criminal proceedings under the N.I. Act - Petition liable to be dismissed. (paras 1, 2, 4(a), 4(d), 4(e) and 4(g)