Substitution of legal heirs in cheque dishonour prosecutions is permitted after cognizance and summons, preventing automatic abatement.

In a Section 138 Negotiable Instruments Act prosecution, once cognizance has been taken and summons issued, the complaint does not abate on the death of the original complainant. The legal heirs may be substituted and continue the proceedings, and Section 256 CrPC does not automatically justify acquittal in such circumstances. The court distinguished the respondent's relied-on precedent on its facts and held that rejection of the substitution request and the consequential acquittal were unsustainable. The complaint was restored to the trial stage for impleadment of the heirs and fresh disposal on merits.

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Issues: Whether, after cognizance had been taken and summons issued in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, the complaint could be treated as abated on the death of the original complainant, and whether the legal heir could be substituted to continue the proceedings.

Analysis: Once the Magistrate has taken cognizance and issued summons, the complaint does not abate merely because the original complainant dies. The legal heirs are entitled to seek substitution and continue the prosecution. The discretionary power under Section 256 of the Code of Criminal Procedure, 1973 was held inapplicable on the facts, as the case was not one of mere non-prosecution after repeated defaults by the complainant but of a pending complaint in which substitution had been sought. The earlier precedent recognising continuation of such proceedings by legal heirs was found applicable, while the decision relied on by the respondents was distinguished on its facts.

Conclusion: The rejection of the substitution application and the consequential acquittal were unsustainable. The legal heir was entitled to be brought on record, and the complaint was required to proceed on merits.

Final Conclusion: The appellate court restored the complaint to the trial stage and directed fresh disposal after impleading the heirs of the deceased complainant.

Ratio Decidendi: In a complaint under Section 138 of the Negotiable Instruments Act, 1881, once cognizance has been taken and summons issued, the proceeding does not abate on the death of the complainant, and the legal heirs may be substituted to continue the case; Section 256 of the Code of Criminal Procedure, 1973 does not automatically require acquittal in such circumstances.

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