Case Note & Summary
The present criminal appeal was filed by the legal representatives of the deceased complainant, Sri J. Raju, challenging the order dated 24.12.2011 passed by the Principal Civil Judge and JMFC, Hosadurga in C.C.No.939/2016 (old C.C.No.746/2010). The trial court had dismissed the complaint under Section 138 of the Negotiable Instruments Act, 1881 for non-prosecution. The appellants, being the wife and minor children of the deceased complainant, sought restoration of the complaint to its original number. The High Court of Karnataka, presided over by Justice K. Natarajan, considered the appeal under Section 378(4) of the Code of Criminal Procedure, 1973. The court noted that the trial court had dismissed the complaint without considering the fact that the complainant had died and his legal representatives had not been brought on record. The High Court held that the dismissal was erroneous and that the legal representatives have the right to continue the proceedings. Consequently, the appeal was allowed, the impugned order was set aside, and the complaint was restored to the file of the trial court with a direction to permit the legal representatives to prosecute the case.
Headnote
A) Criminal Procedure Code - Dismissal for Non-Prosecution - Section 256 CrPC - Restoration of Complaint - The trial court dismissed the complaint for non-prosecution on 24.12.2011 without considering the death of the complainant and the right of legal representatives to continue the proceedings. The High Court held that the dismissal was erroneous and restored the complaint to its original number, directing the trial court to permit the legal representatives to prosecute the case. (Paras 1-5) B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 NI Act - Legal Representatives - The legal representatives of the deceased complainant have the right to continue the proceedings under Section 256 CrPC. The High Court allowed the appeal and set aside the dismissal order, restoring the complaint to the file of the trial court. (Paras 1-5)
Issue of Consideration
Whether the trial court was justified in dismissing the complaint under Section 138 of the NI Act for non-prosecution when the complainant had died and his legal representatives were not brought on record, and whether the legal representatives are entitled to restoration of the complaint.
Final Decision
The High Court allowed the appeal, set aside the order dated 24.12.2011 passed by the Principal Civil Judge and JMFC, Hosadurga in C.C.No.939/2016 (old C.C.No.746/2010), and restored the complaint to its original number on the file of the trial court. The trial court was directed to permit the legal representatives to prosecute the case.
Law Points
- Section 138 of Negotiable Instruments Act
- 1881
- Section 256 of Code of Criminal Procedure
- 1973
- Restoration of complaint dismissed for non-prosecution
- Legal representatives' right to continue proceedings
