https://www.taxtmi.com/caselaws?id=301535 Once cognizance has been taken under the Negotiable Instruments Act, the death of the complainant does not by itself abate the proceedings, and the legal heir may seek substitution and continue the complaint. A dismissal for non-prosecution merely because the original complainant and counsel were absent after the complainant's death was therefore unsustainable. The Gujarat High Court quashed and set aside the impugned order and left it open to the heir and legal representative of the deceased complainant to apply for substitution before the trial court. en-us Tue, 06 Aug 2019 00:00:00 +0530 Thu, 07 Apr 2022 20:14:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=301535 Once cognizance has been taken under the Negotiable Instruments Act, the death of the complainant does not by itself abate the proceedings, and the legal heir may seek substitution and continue the complaint. A dismissal for non-prosecution merely because the original complainant and counsel were absent after the complainant's death was therefore unsustainable. The Gujarat High Court quashed and set aside the impugned order and left it open to the heir and legal representative of the deceased complainant to apply for substitution before the trial court. Case-Laws Indian Laws Tue, 06 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=301535