Back
H.N.NARAYAN, MANJULA CHELLUR
JIMMY JAHANGIR MADAN – Appellant
Versus
BOLLY CARIYAPPA HINDLEY – Respondent
Key Points: - The complaint under Section 200 Cr.P.C. or Section 142 NI Act does not ipso facto terminate or abate on the complainant's death. (!) - On death of the complainant in a proceeding under Section 142 NI Act, the LRs, their agents, or power of attorney holders may prosecute under Section 302(2) Cr.P.C. or under Section 142 NI Act. (!) - An agent or power of attorney holder of the payee of the cheque or holder in due course may be permitted to prosecute the complaint unless barred by the Code; after the grievance is filed by the aggrieved persons, prosecution can continue by the interested persons or those described above. (!) - Probate is not necessary for LRs to prosecute; the court should consider merits of allowing prosecution by the LRs or through an agent/POA. (!) - The trial court should decide expeditiously, with a six-month time frame for disposal in this reference. (!)
( 1 ) THIS reference is made under Section 8 of the Karnataka High Court act by His Lordship Justice S. R. Bannurmath for deciding three questions formulated by him in view of the law of general importance involved in the reference. The Hon'ble Chief Justice has placed this matter before this Bench for appropriate orders.
( 2 ) THE questions which are referred for our consideration are: (1) In a proceeding, initiated under Section 142 of the Negotiable instruments Act, on the death of the complainant, whether any other person could be permitted to prosecute the complaint and under what provisions of Criminal Procedure Code? (2) If it is held that any person could be permitted to prosecute the complaint who is the competent person who could be permitted to prosecute the complaint? (3) Whether that person has to prosecute the complaint personally or whether he could be permitted to prosecute the complaint through a power of attorney holder
( 3 ) THESE questions arise in the backdrop of certain facts which came up for consideration in the said revisions. One Mrs. Bolly Cariappa hindley, an Indian Christian presented a complaint under Section 200 of the Criminal Proced
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
