Indian Kanoon - Search engine for Indian Law

12. After remand, the Sessions Judge heard the parties on charges and Dinesh Sharma under the provision of Section 197 of the Cr.P.C. Vide order dated 20.11.2015 after considering all the material available on record, the learned Sessions Judge found that there are sufficient material to frame the charges only under Section 420 of the IPC against Subodh Mishra and Section 420 r/w 120-B against other accused persons and Sections 119 & 120 against Dinesh Sharma and all have been discharges under Sections 294, 506, 118, 167, 196, 201, 212, 218, 384, 465, 467, 468, 469 & 471 of the IPC.

15. During the pendency of these petitions / trials, complainant - Rakesh Vyas expired and his legal heirs have been brought on record in the complaint case as well as criminal revisions / M.Cr.Cs.

16. Shri S.K. Vyas, learned Senior Counsel appearing on behalf of Dinesh Sharma raised an objection that the criminal revision filed on behalf of Rakesh Vyas stands abated due to the death of the complainant, hence, cannot be prosecuted by his legal heirs as in Cr.P.C. there is no such provisions for prosecution of complaint / Criminal Revision by legal heirs. So far as the effect of the death of the complainant Rakesh Vyas in the complaint case is concerned, it is for the trial Court to consider its effect in the pending trial. It is further submitted by learned Senior Counsel that in the trial only the examination-in-chief of Rakesh Vyas has been done that too without exhibiting any document and due to his death cross-examination cannot be done now, therefore, the proceedings of the complaint case also got abated. So far as the validity of the order passed by the Sessions Court is concerned, Shri Vyas, learned Senior Counsel submitted that these applicants have rightly been discharged from the offences punishable under Sections 294, 506, 118, 167, 196, 201, 212, 218, 384, 465, 467, 468, 469 & 471 of the IPC. So far as Section 420 of the IPC is concerned, the same is also not made out as it was purely a civil dispute or at the most a commercial dispute between the parties which has been given the colour of a criminal case. Till date, no suit for recovery of money or specific performance of the contract has been filed by the complainant, therefore, the proceedings of the complaint case are liable to be quashed.