Interim Order 1

Order Details: Order Below EX 1
Pdf Text: MHMM180047292018
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
C.C.No.381/SS/2018
ORDER BELOW EXH.24
(Passed on 29.11.2019)
1. This is an application filed by Mr.Sanjay Hingorani, the legal
heir of the complainant. Heard Ld. Adv. Smt.Netra Vayal. She submitted
that the complainant was died on 24.05.2018. The applicant is the son of the
complainant. He wants to proceed the case against the accused.
2. Heard Ld. Adv. Smt.Shweta Kadam for the accused. She
submitted that application is made after one year from the death of the
complainant. Therefore, she prayed that application be rejected.
3. The complainant filed present case against the accused for the
offence punishable U/sec.138 of the Negotiable Instruments Act. In view of
Sec.256 Cr.P.C. if the complainant not appeared before the Court and he is not
represented by the legal representative, the Court may acquit the accused
unless the presence of complainant is not necessary. In the present case the
complainant Ram Hingorani is died on 24.05.2018. The applicant is his son.
Therefore, he has legal right to conduct the matter. After demise of his father,
he is the legal representative of the complainant and he wants to proceed the
case. Accordingly, the case could not be dismissed for non-appearance of the
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complainant. The applicant has legal right to conduct the trial on behalf of the
complainant. In the result, I proceed to pass the following order-
O R D E R
1. Application below Exh.24 is allowed.
2. The applicant Sanjay Ram Hingorani be substituted as the
complainant.
3. He shall make the amendment in the caption of the complaint.
Mumbai, ( M.Y.Wagh.)
Dated : 29.11.2019. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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