M.M. Pareed Pillay, J. - Appellant's father filed complaint against the respondent alleging offence under Section 138 of the Negotiable Instruments Act. Complaint was filed on 25.4.1990. Magistrate took cognizance of the offence. Appellant's father died on 11.8.1990. Appellant filed an application for permission to prosecute the complaint. Magistrate dismissed the application and acquitted the accused. The order of the Magistrate is challenged by the appellant.

2. The learned Magistrate held that in the absence of the complainant the only course open to the Court is to dismiss the complaint and acquit the accused.

3. The question that arises for consideration is whether the complainant's son is entitled to prosecute the complaint after the complainant's death.

4. Under Section 256 (1) Cr.P.C. Magistrate may adjourn the hearing of the case to some other day in the absence of the complainant. The section provides that in a case where summons has been issued on a complaint and on the day appointed for the appearance of the accused or on any day subsequent thereto to which the hearing has been adjourned the Magistrate can acquit the accused if the complainant is absent. It is n