https://www.taxtmi.com/caselaws?id=420691 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. en-us Thu, 31 Mar 2022 00:00:00 +0530 Thu, 07 Apr 2022 12:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=420691 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. Case-Laws Indian Laws Thu, 31 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=420691