Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 357 - GUJARAT HIGH COURTDishonor of Cheque - acquittal of the accused - abatement of proceedings on death of the original complainant - complaint filed under section 406, 420 and 114 of the Indian Penal Code and under section 138 read with section 142 of the Code of Criminal Procedure - HELD THAT:- In the present case, cognizance has been taken by the court and summons was issued by the trial court against the accused and hence on death of the original complainant, the proceedings do not abate and legal heirs of original complainant are entitled to come forward and ask for their substitution in place of the complainant so as to proceed further with the trial. The case relied upon by the appellant in the case of Anil G. Shah [1997 (10) TMI 416 - GUJARAT HIGH COURT] is squarely applicable wherein it has been held that once cognizance of offence has been taken by the magistrate, trial will have its end after following due process and procedure as laid down in the code of criminal procedure and there is no provision in the Code of Criminal Procedure or in the Negotiable Instruments Act laying down that on account of death of payee, trial must be abate and merely because original complainant payee has died, there could not be abatement of the proceedings and legal heirs of original complainant are entitled to come forward and ask for their substitution in place of the complainant so as to proceed further with the trial. The impugned judgment and order is hereby quashed and set aside and the matter is remanded to the trial court to decide and dispose of the matter after giving reasonable opportunities to the parties within a period of two months from the date of receipt of this order - appeal allowed.
|