Mahomed Azam vs Emperor on 7 December, 1925
In Mahomed Azam v. Emperor, AIR 1926 Bom 178, the court held thus (headnote) :
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1 - 4 of 4 (0.19 seconds)Subbamma And Anr. vs V. Kannappachari on 12 July, 1968
The above view has been adopted in Subbamma v. Kannappachari, AIR 1969 Mys 221, where the Mysore High Court held that the death of the complainant in a case of non-cognizable offence does not abate the prosecution and it is within the discretion of the trying Magistrate in a proper case to allow the complaint to continue by a proper and fit complainant if the latter is willing. But some other High Courts have taken a contrary stand.
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
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