KAUSHAL KUMAR TALUKDAR Vs. CHANDRA PRASAD GOENKA

JUDGEMENT

(1.) Based on a complaint lodged by Shri Inder Chand Goenka (since deceased) for prosecution of the present petitioner, namely, Shri Kushal Kumar Talukdar as accused under S. 138 read with S. 142 of the Negotiable Instruments Act (hereinafter referred to as "the N.I. Act"), C.R. Case No. 3002/2000 was registered in the Court of the Chief Judicial Magistrate, Kamrup, Guwahati.

(2.) In course of time, in pursuance of the summons issued, the accused-petitioner appeared, through his counsel, in the said complaint case. While the Complaint Case No. 3002(C)/2000 aforementioned was pending in the Court of the Chief Judicial Magistrate, Kamrup, Guwahati, the complainant, Shri Inder Chand Goenka, died on 18-7-2000 and his only son, namely, Shri Chandra Prasad Goenka filed a petition, on 18-9-2000, for substituting him as a complainant in place of his deceased-father. This prayer was allowed by the learned Court below by its order, dated 18-9-2000, whereupon the accused-petitioner filed an application, on 8-11-2000, for his discharge or acquittal in terms of the provisions of S. 256, Cr. P.C. This application was fixed for hearing on 13-11-2000; but on that day, the accused-petitioner was absent. As the accused-petitioner remained repeatedly absent, the learned Court below passed an order, on 22-2-2001, directing issuance of warrant of arrest against him.

(3.) Thereafter, the accused-petitioner made this application under Section 401 /397 read with S. 482 of the Cr. P.C. impugning the order, dated 18-9-2000, aforementioned, whereby the prayer of the opposite party herein, namely, Shri Chandra Prasad Goenka, (i.e. the son of the said deceased), to be substituted, in place of his father, as complainant, in the case at hand, had been allowed, and also the order, dated 22-2-2001, aforementioned, whereby direction for issuance of warrant of arrest against the accused-petitioner was given.