LALY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Can an accused be acquitted under Section 256(l)of the Code of Criminal Procedure ('the Code' for short), if legal heir of deceased/complainant remains absent Can legal heir of deceased complainant be treated as "complainant", for the purpose of Section 256(1) of the Code

(2.) Appellant's husband filed a complaint against respondents 2 to 4, before Magistrate Court, alleging offence under Section 138 of Negotiable Act during pendency of trial, complainant died. The court did not acquit accused under Section 256(1) of the Code. But prosecution continued since his widow, who is his legal heir filed an application and prosecution continued. The case was posted for evidence. On 14.7.2010, deceased complainant's widow was absent and Trial Court acquitted accused, under Section 256(1) of Code, recording that "complainant was continuously absent".

(3.) Heard both sides. Perused the available records. It is seen from the impugned order under Section 256(1) of the Code that Trial Court acquitted accused since legal heir of deceased complainant was absent stating that "complainant" was continuously absent.