SUSHILA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal miscellaneous petition under Section of the Code of Criminal Procedure, 1973 (for short, "the hereinafter), the petitioners have challenged the order on 4.4.2005 passed by the Additional Sessions Judge No. 2, Sri Ganganagar (for short, "the Revisional Court" hereinafter) in Revision No. 1/2005, whereby the revision petition filed petitioner against the order dated 18.12.2003 passed by Judicial Magistrate, Sri Ganganagar (for short, "the trial hereinafter) was dismissed.

(2.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. No one appears for the non-petitioner No. 2 though served. Carefully gone through the orders passed by the trial Court as well as the Revisional Court.

(3.) The facts of the case, relevant and necessary for the decision of this criminal miscellaneous petition, are that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the Act" hereinafter) was filed by complainant Suresh Jain against non-petitioner No. 2 Mukesh Kumar. During pendency of the complaint, complainant Suresh Jain died. The petitioners, who are legal representatives of deceased Suresh Jain, filed an application on 18.12.2003 before the trial Court for taking them on record as the legal representatives of deceased complainant Suresh Jain and permitting them the prosecution/continuing the proceeding initiated by the deceased complainant. The trial Court, vide order dated 18.12.2003, dismissed the application. Being aggrieved by the order of the trial Court, the petitioners filed a criminal revision, which has been dismissed by the Revisional Court vide impugned order dated 4.4.2005.