CHINTALAPUDI THALLURI KAVITHA Vs. P.P., HYD.

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner ' legal representative of the complainant under Sec. 482 Cr.P.C. to permit her to prosecute the complaint in CC No.138 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Khammam by restoring the complaint to file.

(2.) The facts of the case in brief are that the husband of the petitioner filed a complaint against the 2nd respondent before the Court of the II Additional Judicial Magistrate of First Class, Khammam for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'NI Act') as the 2nd respondent borrowed an amount of Rs.10,00,000.00 on 15/10/2006 for the purpose of his business necessities and executed a promissory note on the even date agreeing to repay the same together with interest. In discharge of the said enforceable debt, the 2nd respondent issued a cheque on 25/7/2008 for Rs.10,00,000.00 towards part satisfaction of the debt. The cheque issued by the 2nd respondent was dishonoured. As such, a notice was issued by the complainant and filed a complaint and the same was taken on file for the offence under Sec. 138 of the NI Act and numbered as CC No.138 of 2009. While the matter stood thus, the complainant died on 12/8/2011 due to ill health. The counsel representing the complainant filed a memo on 18/8/2011 intimating the Court about the death of the complainant and filed an application that the 2nd respondent paid the entire amount in view of the compromise and asked the Court to permit to withdraw the complaint as not pressed. Basing on which, the learned Magistrate passed a docket order dismissing the complaint as not pressed and acquitting the accused ' 2nd respondent.

(3.) Heard the learned counsel for the petitioner. There is no representation for the 2nd respondent.