JUDGMENT

B.N. Mallikarjuna, J. - The only question involved in this revision is whether in the trial of a summons case instituted, on a private complaint, accused is entitled to an acquittal on the death of the complainant or whether a fit and proper person could be permitted to continue the complaint.

2. Few facts relevant for the disposal of this revision petition needs to be stated:

Deceased Dr. S.V. Sunkappa on December 5, 1989 through an Advocate made a written complaint under Sec. 200, Cr. P.C. in the Court of Metropolitan Magistrate III Court, Bangalore against the respondent-accused alleging commission of an offence under Sec.138 of the Negotiable Instruments Act. It is stated that Cheque No. 604458 dated October 30, 1989 for Rs. 3,75,000/- issued to him by the accused drawn on Mandya District Cooperative Bank. Naguvanahally Branch when presented for encashment through Canara Bank, Srirampuram Branch, Bangalore was bounced with endorsement "Refer to Drawer". The accused failed to reply or make payment despite receiving a notice sent to him both by registered post and under certificate of posting as required under the Act.

The learned Magistrate, on January 11, 1990 took cog