SHUBHAM SHARMA Vs. NEHAL SHARMA AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed challenging the impugned order dtd. 28/1/2014 (P-8) vide which the application (P-7) filed by the petitioner for substitution as complainant/legal representative of Jagdish Chand Sharma (since deceased) in Criminal Complaint No. 273/2 of 16/8/2007 was rejected by the Judicial Magistrate 1st Class, Ludhiana as well as the order dtd. 4/4/2014 (P-9) passed by learned Addl. Sessions Judge, Ludhiana vide which the order passed by learned Judicial Magistrate 1st Class. Ludhiana has been affirmed.

(2.) It is contended by learned counsel for the petitioner that the impugned order dtd. 28/1/2014 and 4/4/2014 are not legally sustainable and deserve to be set aside in view of the fact that Nehal Sharma has no right to pursue the complaint made by Jagdish Chand Sharma (since deceased) and the petitioner is the only legal heir on the basis of Will dtd. 6/6/2011 executed by late Jagdish Chand Sharma.

(3.) On the other hand, learned counsel for respondent No. 2 opposed the contention that in the present proceedings, there is no challenge to the legality or validity of the alleged Will and only it is a question of pursing the complaint filed by father of respondent No. 2 in a cheque bounce case.