6: Smti. Anjali Saha vs Tapadhir Kanti Das And Anr
2023 Latest Caselaw 3244 Gua

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GAHC010078132023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : I.A.(Crl.)/299/2023

         ON THE DEATH OF LATE BIKASH BHUIYA
         HIS LEGAL HEIRS, NAMELY

         1.1: SMTI SEFALI BHUIYA
          D/O LATE BINODE BIHARI BHUIYA
          R/O BHUYA ROAD
          JANIGANJ
          P.O. AND P.S.-SILCHAR
          DIST-CACHAR (ASSAM)
          PIN-788001

         1.2: BIDYUT KUMAR BHUIYA
          S/O LATE BINODE BIHARI BHUIYA
          R/O FLAT-C 202
          PRISTINE GRANDEUR
         WAKED
          PUNE-411057

         1.3: SMTI KAJAL SAHA
          D/O LATE BINODE BIHARI BHUIYA
          R/O SACHIN ENCLAVE
          SOLAPARA ROAD
          GUWAHATI-781008

         1.4: BIMAL KUMAR BHUIYA
          S/O LATE BINODE BIHARI BHUIYA
          R/O 18/80
          DOVERLANE
          GARIAHAT
          KOLKATA-700029

         1.5: BIDHAN CHANDRA BHUIYA
          S/O LATE BINODE BIHARI BHUIYA
          R/O BHUYA ROAD
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             JANIGANJ
             P.O. AND P.S.-SILCHAR
             DIST-CACHAR (ASSAM)
             PIN-788001

            1.6: SMTI. ANJALI SAHA
             D/O LATE BINODE BIHARI BHUIYA
             R/O NAIPUKUR
             OPPOSITE OF SUHASINI APARTMENT
             RAJARHAT
             KOLKATA-70015

            VERSUS

            TAPADHIR KANTI DAS AND ANR.
            S/O LT. SIRISH CHANDRA DAS, R/O SONAI ROAD, SILCHAR, P.O. AND P.S.-
            SILCHAR, DIST-CACHAR (ASSAM), PIN-788001

            2:THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR. I H LASKAR

Advocate for the Respondent : MR. M H RAJBARBHUIYAN




             Linked Case : Crl.Rev.P./12/2020

            TAPADHIR KANTI DAS
            S/O LT. SIRISH CHANDRE DAS
            R/O SONAI ROAD
            SILCHAR
            P.O. AND P.S.-SILCHAR
            DIST-CACHAR
            ASSAM
            PIN-788001


             VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSAM
                                                                          Page No.# 3/5


             2:BIKASH BHUYA
             S/O LT. BINOD BIHARI BHUYA
              R/O BHUYA ROAD
              JANIGANJ
              P.O. AND P.S.-SILCHAR
              DIST-CACHAR
             ASSAM
              PIN-788001
              ------------

Advocate for : MR. M H RAJBARBHUIYAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

22.08.2023

1. Heard Mr. P. K. Deka, learned counsel for the applicants/respondents.

Also heard Mr. M. H. Rajbarbhuiyan, learned counsel for the opposite party/petitioner.

2. This is an application filed under Section 302 of the Code of Criminal Procedure, 1973 for substitution of the legal heirs of the respondent No. 2 in the connected Crl.Rev.Petition No. 12/2020.

3. The background facts of filing such application are as follows:-

I. The respondent No. 2 in the connected Crl. Rev. Petition instituted a prosecution under Section 138 of the Negotiable Instrument Act, 1881, against the petitioner in the connected Crl. Rev. Petition.

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II. The aforesaid case was registered as N.I. Case No. 78/2010.

III. The learned Chief Judicial Magistrate, Cachar, Silchar by its Judgment dated 20.11.2018, convicted the Criminal Revisional Petitioner under Section 138 of N.I. Act, and sentenced him to pay a sum of Rs. 6 Lakhs (six lakhs) to the complainant, as fine including lump sum interest amount, in default 6 months of rigorous imprisonment.

4. Being aggrieved by the aforesaid judgment of the learned Chief Judicial Magistrate, Cachar, Silchar, the Revisional Petitioner preferred an appeal being Crl. Appeal No. 40/2018, before the learned Sessions Judge, Cachar, Silchar which was also dismissed by its Judgment dated 18.11.2019.

5. Being aggrieved, again the connected Crl. Rev. Petition No. 12/2020 was preferred.

6. During the pendency of the said Crl. Rev. Petition, the complainant of the N.I. Case No. 78/2010 / respondent No. 2 in the Crl. Rev. Petition, expired. Accordingly, the present Interlocutory Application (Crl) has been filed as discussed hereinabove for substitution of the legal heirs of the deceased complainant/respondent No. 2.

7. The complainant/respondent No. 2, of the connected Crl. Rev. Petition, expired unmarried leaving behind the present applicants as his Class-2 legal heirs. The present applicants are the brothers and sisters of the deceased complainant/respondent No. 2.

8. The law is by now well settled that on the death of complainant during Page No.# 5/5

proceeding of a complaint case, the right of the legal heirs of the deceased complainant to continue with the prosecution survives. Such principle was laid down by the Hon'ble Apex Court in the case of Chand Devi Daga and Others -Vs- Manju K. Humatani and Others reported in (2018) 1 SCC 71. A Co-ordinate Bench considering a similar situation in the case of Kushal Kr. Talukdar -Vs- Chandra Prasad Goenka reported in 2004 (3) GLT 465 dealing with a complaint case under Sections 138 and 142 of the Negotiable Instrument Act, 1881, held that on the death of the complainant, substitution of his legal heirs is permissible.

9. In view of the aforesaid proposition of law, in the considered opinion of this Court, the present applicants should be arrayed as respondent Nos. 2(a), 2(b), 2(c), 2(d), 2(e) and 2(f) as described at paragraph 6 of this interlocutory application.

10. Registry to correct the cause title of the connected Crl. Revision Petition No. 12/2020.

11. Accordingly, this Interlocutory Application (Crl.) stands disposed of.

JUDGE

Comparing Assistant