RAJMAL AGARWAL Vs. DINESH SAHU

JUDGEMENT

(1.) APPELLANT is dead. Heard on I.A. No. 786/2015, an application for substituting the L.Rs. of appellant.

(2.) BRIEFLY stated the facts are that the complainant's case was filed by Rajmal Agarwal against the respondent before the learned JMFC, Vidisha in the Criminal Case No. 1000/2006, decided on 26 -7 -2010. The learned Trial Court acquitted the respondent under Section 138 of the Negotiable Instruments Act. Therefore, this appeal filed by the appellant -Rajmal Agrawal. During the pendency of this appeal, the complainant/appellant -Rajmal Agrawal died on 27 -12 -2014 at Vidisha. Applicant -Ashok Kumar Agrawal has filed the present application along with the death certificate of Rajmal Agrawal and a 'Will' stating that he is the legal representative of the deceased/appellant -Rajmal Agrawal. Therefore, his name be substituted in place of the appellant.

(3.) IT is submitted by the Counsel for the applicant that Rajmal Agrawal has a daughter but after her marriage, she is living in her in -laws house. The "Will" dated 31 -3 -1997 duly registered has been executed by the deceased Rajmal Agrawal in presence of two witnesses, hence, the applicant is the legal representative of the deceased/appellant -Rajmal Agrawal.