Legal heir can continue dishonour of cheque prosecution despite existence of other heirs

The Calcutta HC dismissed a revisional application challenging substitution of a legal heir in a dishonour of cheque case. The petitioner argued the opposite party was not the sole legal heir of the deceased complainant. The HC upheld the Sessions Judge's order allowing substitution, ruling that any legal heir can continue prosecution after the original complainant's death, citing SC precedent in Rashida Kamaluddin Syed. The court found no irregularity in permitting one legal heir to proceed despite existence of other heirs.

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Issues Involved:
1. Substitution of legal heirs in a criminal case u/s 138 of the Negotiable Instruments Act.
2. Validity of continuation of prosecution by legal heirs after the death of the original complainant.

Summary:

1. Substitution of Legal Heirs:
The revisional application challenges an order dated 27.06.2022 by the 2nd Additional District and Sessions Judge, Kakdwip, allowing the substitution application by the opposite party in a criminal case u/s 138 of the Negotiable Instruments Act. The petitioner contends that the opposite party is not the sole legal heir of the deceased complainant, Swapan Guha, and presents evidence showing multiple legal heirs.

2. Continuation of Prosecution by Legal Heirs:
The judgment references the Supreme Court's ruling in Ashwin Nanubhai Vyas v. State of Maharashtra, which established that the death of a complainant does not necessarily abate a criminal case. The Code of Criminal Procedure allows for the continuation of prosecution by another person, including legal heirs, as per s. 495. This principle was reaffirmed in subsequent cases like Shri Balasaheb K. Thackeray v. Shri Venkat and Rashida Kamaluddin Syed v. Shaikh Saheblal Mardan, where the courts allowed legal heirs to continue prosecution under s. 302 of the Code.

3. Application of Legal Precedents:
The learned Sessions Judge permitted the opposite party, a legal heir of Swapan Guha, to continue the prosecution. The court found no irregularity in this decision, noting that the legal framework supports such substitution and continuation of prosecution by legal heirs.

4. Court's Observations and Conclusion:
The court acknowledged the presence of other legal heirs but upheld the decision to allow the opposite party to proceed with the case. The revisional application was disposed of, and the order was deemed compliant with the law, requiring no interference. All connected applications were also disposed of, and any interim orders were vacated.

5. Compliance and Certification:
A copy of the order was directed to be sent to the trial court for compliance. Urgent Photostat certified copies of the order were to be supplied to the parties upon fulfilling requisite formalities.

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