Sri Paritosh Naskar vs Sri Somnath Chattopadhyay
2022 Latest Caselaw 1925 Cal

08.04.2022 Item No.06 Suman Ct.42

CRMSPL 105 of 2018 With CRAN 1 of 2018 (Old CRAN 2050 of 2018) With CRAN 2 of 2022

Sri Paritosh Naskar Vs.

Sri Somnath Chattopadhyay

Mr. Kaushik Chatterjee Mr. Tirthankar Dey ...for the petitioner

An application under Section 302 of the Code of

Criminal Procedure is filed by the wife of the deceased

appellant praying for allowing her to continue with the

instant appeal as the original appellant has expired.

This is an appeal against the judgment and order of

acquittal under Section 256 of the Code of Criminal

Procedure passed by the Court below.

In a case under Section 138 of the Negotiable

Instruments Act if the payee dies, the right to contest the

application under Section 138 of the Negotiable

Instruments Act does not abate, since the debt remains.

In view of such circumstances, the application filed by

Shefali Naskar is allowed.

The cause title of the application under Section 5 of

the Limitation Act as well as the application under Section

378(4) of the Code of Criminal Procedure be amended in

the following manner:-

Sri Paritosh Naskar, since deceased, represented by

LR Shefali Naskar.

Learned advocate for the petitioner is at liberty to

amend the cause title of the above named petition here

and now.

CRAN 2 of 2022 is, thus, disposed of.

(Bibek Chaudhuri, J.)