PRANAV SINGH Vs. ANKIT BAJAJ

JUDGEMENT

(1.) The present petition is directed against the order dtd. 1/4/2025 passed by learned Judicial Magistrate First Class, Court No.2, Ghumarwin, District Bilaspur (learned trial Court) vide which the application filed under Sec. 302 read with Sec. 256 of the Code of Criminal Procedure (Cr.P.C.) was allowed. (Parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present petition are that the complainant filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Sec. 138 of the Negotiable Instruments Act (in short 'NI' Act). It was asserted that the complainant is running a business in the name and style of Ankit Hire Purchase Pvt. Ltd., Ghumarwin. He is the Managing Director of the Company. The accused visited the business premises of the complainant on 11/2/2016 and borrowed a sum of 11,50,000/-. The complainant withdrew 10,00,000/- from his account maintained in the Dadhol Agricultural Service Co- operative Society, Padyalag, Tehsil Ghumarwin, District Bilaspur, H.P., took 1,50,000/- from his home, and paid them to the accused on 11/2/2016. The accused assured to return the amount and issued two different post-dated cheques to the complainant. The complainant presented these cheques to his bank, but they were dishonoured with the remarks "insufficient funds". The accused failed to repay the amount despite receipt of a valid notice of demand. Hence, a complaint was filed against the accused for taking action as per the law.

(3.) The complainant died during the pendency of the complaint, and an application was filed before the learned Trial Court for substitution of his legal representatives. It was asserted that the complainant is survived by his two sons, Parkash Chand and Ankit Bajaj, and his wife, Soma Devi. Ankit Bajaj intended to pursue the complaint. Hence, a prayer was made to substitute him as the complainant.