ORDER

1. Leave granted.

2. Complaints, bearing Cases Nos. 118/F of 1997, 120/S of 1997, 121/S of 1997, 119/S of 1997 and 122/S of 1997 dated 19-12-1996, under Section 9 138 of the Negotiable Instruments Act, were filed by one Ismat Merchant against the respondent. The said complaints were dismissed by the learned Magistrate on 7-9-2002 on an application filed by the respondent for dismissal thereof. It was pointed out to the court by counsel for the accused that the complainant had committed suicide and report to that effect had appeared in the newspaper. In this view, allowing the application of the accused, the complaints were dismissed for non-prosecution. The brother of the original complainant challenged the order dismissing the complaint before the High Court in criminal appeals which have since been dismissed by the impugned order.

3. From the material on record, it appears that both the complainant and his mother committed suicide on 5-3-2001 and his father also committed suicide two days later on 7-3-2001. The present appellant is the brother of the complainant and claims to be the legal heir-legatee of the deceased. It is true, as noticed in the impugned judgment and order