SK. TAMISUDDIN Vs. JOY JOSEPH CREADO AND ANOTHER

JUDGEMENT

(1.) A complaint was filed by one-Sairabee through her Special Power of Attorney Holder, Sk. Tamisuddin, the appellant herein, under section 138 of the Negotiable Instruments Act, 1881 read with Section 420 IPC. Sairabee died while the trial was in progress. The appellant after the death of Sairabee filed an application before the learned trial Court to continue the prosecution as her legal heir (son). The said application was allowed by the learned trial Court.

(2.) In a quashing petition, the High Court by the impugned order took the view that the initiation of the complaint by the Special Power of Attorney of Sairabee was invalid and that the continuance of the proceedings after the death of Sairabee by the said Power of Attorney would not be permissible. Hence the proceedings against the accused-respondents were quashed by the High Court.

(3.) We have heard the learned counsels for the parties.