YOGESHKUMAR KESHAVLAL KAMDAR Vs. JAMNADAS BHAGWANDAS VAKHARIA

JUDGEMENT

(1.) This Appeal is filed by the appellant under Sec. 378(1) and (4) of the Criminal Procedure Code , 1973 against the judgment and order dtd. 20/4/2005 passed below Ex.56 by the learned Judicial Magistrate, First Class, Visavadar in Criminal Case No.212 of 1999, refusing to join the appellant as complainant and acquitting the private respondents Nos. 1 to 3 - original accused from the offence punishable under Sec. 406 , 420 and 114 of Indian Penal Code and under sec. 138 of the Negotiable Instruments Act.

(2.) The facts of the case in nutshell are that the appellant filed an application Ex.56 stating that the original complainant Keshavlal Vallabhdas Kamdar is his father who has expired on 4/10/2001 at Gandhigram, Rajkot. It is stated in the application that the complainant has filed a complaint against the accused under Sec. 138 read with sec. 142 of the Negotiable Instruments, wherein summons has been issued. It is stated that the appellant is the son of the deceased complainant Keshavlal Vallabhdas Kamdar and legal representative of the deceased complainant and power of attorney of other heirs and hence he may be substituted in the complaint as son of the complainant and the complaint may be continued.

(3.) The said complaint was opposed by the original accused nos.1 and 2 by filing objections.