Interim Order 1

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.416/SS/2019
Ghanshyam R Angane, …. Complainant
V/s.
Sana Homes Pvt. Ltd. and Ors., ….Accused
ORDER BELOW EXH.NO.13
(Passed on 28.04.2026)
This is the case filed against the accused persons for having
committed the offence for the offence punishable under section 138 of
Negotiable Instrument Act. The present case on hand came to be filed
by Mr.Ganshyam R. Angane through his Power of Attorney Holder
namely Ashok Angane who is brother of the said complainant. During
the pendency of the trial, the said complainant passed away and,
therefore, the Power of Attorney Holder filed the present application on
hand for substituting the Legal Representative of the deceased
complainant.
2. The accused persons strongly opposed the application on
the ground that when the complainant is no more, then his Power of
Attorney Holder cannot continue this case.
3. In view of the application, this Court issued notice to the
legal heirs/legal representative of the complainant as per their names
and status.
4. In this case, the legal representative of the deceased
complainant filed their objection-cum-reply to this Court by post.
Having gone through the said reply, it appears that the said legal
representatives have not disputed the fact that they are legal heirs of
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the deceased complainant. But it is their stand that the Power of
Attorney Holder, who is one of the legal heirs of the deceased
complainant, did not obtain their consent before registering the flat
no.107 situated at First Floor, Building No.2, Daffodil Project,
Dattatraya Residency, Sindhdurg Malvan.
5. Having heard the learned advocates for both the sides, I
perused the record.
6. In this case, it is admitted question that the complainant
namely Ghanshyam Angane died leaving behind the following legal
heirs;-
1) Sahadev Angane (Brother of the complainant)
2) Datta Raghunath Angane (Brother of the complainant)
3) Ashok Angane (Brother of the complainant)
4) Shamika Sharad Sawant (Married sister of the complainant)
7. Said Ashok Angane filed this case in the capacity of Power
of Attorney Holder of the said complainant who is no more. In such
circumstances, the said Deed of Power of Attorney has no value at this
juncture. The main objection of the other legal representatives as noted
above is that said Ashok Angane did not obtain their consent before
getting the registration of the said flat. Thus, it appears that they raised
the dispute regarding the transfer of the said flat. In such
circumstances, in my opinion, such dispute has no concern with this
matter. In other words, the said legal representatives have not denied
their legal character or status as pointed out by the applicant. Moreover,
the said legal representatives prayed that unless all the heirs of
deceased complainant are required to be impleaded, the complaint
should not be proceeded further. In such circumstances, in my opinion
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all the heirs of the deceased complainant can be joined in this matter.
8. The learned advocate for the accused submitted that the
legal representative i.e the applicant has not filed any relevant
document to show that the said persons are the legal representative of
the deceased complainant. But I am not inclined to accept this
submission. In this regard, I am guided by the ratio laid down by
Hon'ble Madhyaparadesh High Court in Criminal Case No.982/2019
(Date of Judgment 20.08.2019) wherein it has been held by the Hon'ble
Madhyapradesh High Court that -
“Any legal representative or all legal representatives of the deceased
payee who hold the cheque after the death of the payee is/or the
holder(s) in due course by operation of law and entitled to prosecute
and initiate the proceeding under section 138/142 of the Negotiable
Instrument Act. There is no need for him/them to get succession
certificate, letter of administration are probate under the Indian
Succession Act”.
9. In view of the discussion noted above, I am of the opinion
that the applicant and the above-named legal representatives of the
deceased complainant are required to be brought on record and they
are entitled to proceed further with this matter. Hence, I pass the
following order ;-
ORDER
1. The Application is allowed.
2. The following persons may be brought on record in place of the
complainant-
1) Sahadev Raghunath Angane (Brother of the complainant)
2) Datta Raghunath Angane (Brother of the complainant)
3) Ashok Raghunath Angane (Brother of the complainant)
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4) Shamika Sharad Sawant (Married sister of the complainant)
3. The complaint be amended accordingly.
Sd/-
(Sujitkumar C. Tayde)
Judicial Magistrate First Class,
DATE: 28.04.2026 44th Court, Andheri, Mumbai.
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