Indian Kanoon - Search engine for Indian Law

1. This revision is directed against the order passed by the learned Principal Sessions Judge, Chengalpattu in Crl. Revision Petition No.12 of 1997, on 21.1.1998.

2. The father of the respondent filed a criminal complaint under Section 138 of the Negotiable Instruments Act against the petitioner herein as the accused. The complaint is to the effect that the petitioner herein, in discharge of his existing liability, handed over a post-dated cheque, which on presentation was dishonoured on the ground that payment was stopped. During the pendancy of the complaint, the complainant died leaving behind him his daughter, who filed an application before the Judicial Magistrate No.2, Kancheepuram, under section 256(2) of Cr.P.C., praying that she may be permitted to proceed with the complaint and represent the complainant till the disposal of the case. The said petition was dismissed by the Judicial Magistrate, whereupon the daughter of the complainant preferred a Revision Petition No.12 of 1997. The Revision was accepted by the learned Principal Sessions Judge, Chengalpattu and therefore, aggrieved by the said decision, the accused has preferred this Revision.

where the brother of the complainant, who was equally interested in the complaint, after the death of the complainant, permitted by the Court to pursue the proceedings. It would also be helpful to refer to the following decisions, 1980 (2) Crl.L.J. 2363, 1995 (1) Crl.L.J.1131,1993 Crl.L.R.Cal 131.

The above cases would lend support to the view I have taken. Subsection 2 of Section 256 Cr.P.C. reads that the provisions of sub-section (1) shall, so far as may be, apply to cases, where the non-appearance of the complainant is due to his death. Section 256 empowers the Magistrate to acquit the accused or to adjourn the case to a future date or to dispense with the attendance of the complainant and proceed with the case in his absence. Therefore, I am of the view, that the death of the complainant does not bring about an automatic termination of the criminal proceeding and that the Magistrate has got sufficient powers to allow the substitution on the death of the original complainant, if he is satisfied from the materials on record and from the circumstances to do so. In this case on hand, the person applied to be substituted is none other than the daughter of the original complainant and she is a fit person to further prosecute the complainant. It can't also cause any injustice to the accused.