SANJEEV KUMAR JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioner-original complainant has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order dated 12/11/2009 passed by the learned Judicial Magistrate First Class, Ahmedabad (Rural) below Exh. 15 in Criminal Complaint No. 505/2002 by which the application submitted by the petitioner permitting him to be joined as heir of the original complainant and to substitute him in place of the original complainant, who died during pendency of the aforesaid criminal proceedings, came to be dismissed for non-prosecution as well as the impugned order dated 23/11/2009 passed by the learned 4th Additional Civil Judge and Judicial Magistrate First Class, Ahmedabad (Rural) in Criminal Complaint No. 505/2002 dismissing the said Complaint in view of the order passed below Exh. 15 and consequently acquitting respondent no. 2-original accused.

(2.) THE facts leading to the present petition in a nutshell are as under; 2.1. THE father of the petitioner-Shri Pawankumar Jain filed Criminal Complaint No. 505/2002 against respondent no. 2 before the learned Judicial Magistrate First Class, Ahmedabad (Rural) for the offence under Section 138 of the Negotiable Instruments Act. It appears that during pendency of the said proceedings the original complainant-Shri Pawankumar Jain died i.e. on 16/03/2006 and thereafter the petitioner submitted an application to substitute him as complainant as heir of the original complainant on 05/05/2006, which was produced on 12/05/2006. It appears that thereafter on number of occasions, the said Complaint was adjourned due to various reasons inclusive of remaining absent by the petitioner as well as the original accused. THEreafter, the said application Exh. 15 submitted by the petitioner came to be dismissed for non-prosecution by the learned Judicial Magistrate First Class, Ahmedabad (Rural) vide impugned order dated 12/11/2009. Consequently thereafter vide order dated 23/11/2009 the learned 4th Additional Civil Judge and Judicial Magistrate First Class, Ahmedabad (Rural) dismissed the said Criminal Complaint No. 505/2002 on the death of the original complainant and acquitted respondent no. 2-original accused. Being aggrieved and dissatisfied with the aforesaid two orders the petitioner-original complainant has preferred the present petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure.

(3.) WITH this, the present petition is allowed. Rule is made absolute to the aforesaid extent.