JAYARAJAN Vs. FAYARAJAN

JUDGEMENT

(1.) Appellant's father filed complaint against the respondent alleging offence under S.138 of the Negotiable Instruments Act. Complaint was filed on 25-4-1990. Magistrate took cognizance of the offence. Appellant's father died on 11-8-1990. Appellant filed an application for permission to prosecute the complaint. Magistrate dismissed the application and acquitted the accused. The order of the Magistrate is challenged by the appellant.

(2.) The learned Magistrate held that in the absence of the complainant the only course open to the Court is to dismiss the complaint and acquit the accused.

(3.) The question that arises for consideration is whether the complainant's son is entitled to prosecute the complaint after the complainant's death.