Case Note & Summary
The petitioners, who are the wife and children of the original complainant A. Krishnappa, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking to quash the order dated 13.01.2017 passed by the XVI Additional Chief Metropolitan Magistrate (ACMM), Bengaluru in C.C.No.5288/2015 (arising from PCR No.2064/2013) and to restore the complaint. The original complaint was filed by A. Krishnappa against the respondent/accused for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) relating to the dishonour of a cheque for Rs.4,00,000/-. During the pendency of the criminal proceedings, the complainant died, and the petitioners, being his legal representatives, sought to continue the prosecution. However, the trial court dismissed the complaint for non-appearance of the complainant. The petitioners then approached the High Court. The court noted that the respondent was served but unrepresented. The learned counsel for the petitioners argued that the dismissal was erroneous as the legal representatives had a right to continue the proceedings under Section 256(2) Cr.P.C. The High Court, after hearing the counsel, allowed the petition, set aside the impugned order, and restored the complaint to its original number, directing the trial court to proceed with the case in accordance with law. The court held that the legal representatives are entitled to continue the proceedings and the dismissal order was not justified.
Headnote
A) Criminal Procedure Code - Restoration of Complaint - Section 256(2) Cr.P.C. - Legal Representatives - The petitioners, being legal representatives of the deceased complainant, sought restoration of a complaint under Section 138 of the Negotiable Instruments Act, 1881, which was dismissed for non-appearance. The court held that under Section 256(2) Cr.P.C., the legal representatives are entitled to continue the proceedings and the dismissal order was set aside to restore the complaint. (Paras 1-5) B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Continuation by Legal Heirs - The original complainant died during the pendency of the criminal proceedings. The court allowed the legal representatives to prosecute the complaint, emphasizing that the right to continue the proceedings survives to the legal heirs under Section 256(2) Cr.P.C. (Paras 4-5)
Issue of Consideration
Whether the order dismissing the complaint for non-appearance of the complainant can be set aside and the complaint restored, given that the original complainant died and his legal representatives sought to continue the proceedings.
Final Decision
The petition is allowed. The impugned order dated 13.01.2017 passed by the XVI ACMM, Bengaluru in C.C.No.5288/2015 is set aside. The complaint is restored to its original number. The trial court is directed to proceed with the case in accordance with law.
Law Points
- Section 256(2) Cr.P.C. allows legal representatives to continue complaint after complainant's death
- Section 138 NI Act
- restoration of complaint dismissed for non-appearance
