S NAGARATHINAM Vs. KELAPUR COMMERCIAL CORPORATION

JUDGEMENT

(1.) BY this application under Section 482 of the Code of Criminal Procedure, the applicants who are legal representatives of original accused no.2 - V. Subramanian challenge issuance of process against them in Criminal Case No.739/93 and continuation of criminal proceedings against them pending before the Judicial Magistrate First Class, Kelapur at Pandharkawada.

(2.) RESPONDENT no.1 filed Criminal Case No. 739/93 against V. Subramanian and respondent nos. 2 to 7 alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act on the ground that cheque issued by the accused was dishonoured. After the process was issued, the original accused no.2 - V. Subramanian, expired and respondent no.1 - original complainant filed an application to bring legal representatives of accused no.2 on record. The same application came to be allowed. Consequently, process was issued against the applicants. The applicants have challenged issuance of process and continuation of criminal proceedings against them in the said criminal case on the ground that the same is an abuse of process of the Court.

(3.) MR. Lohiya, learned counsel appearing for respondent no.1 concedes that the applicants could not have brought on record as legal representatives of the accused no.2. However, he submitted that the advocate appearing for the complainant was not aware of the legal position and, therefore, an application to bring on record the legal representatives of accused no.2 was filed by the complainant. According to Mr. Lohiya, there was no judgment of this Court regarding the issue involved in this matter prior to the judgment upon which reliance has been placed by Mr. Sundaram. He, therefore, urged that taking into consideration these circumstances, no costs be awarded against respondent no.1.