I. A. Ansari, J.: Based on a complaint lodged by Shri Inder Chand Goenka (since deceased) for prosecution of the present petitioner, namely, Shri Kushal Kumar Talukdar as accused under Section 138 read with Section 142 of the Negotiable Instruments Act (hereinafter referred to as “the N.I. ‘Act’), Cr. Case No. 3002/2000 was registered in the court of the Chief Judicial Magistrate, Kamrup, Guwahati.

2. In course of time, in pursuance of the summons issued, the accused-petitioner appeared, through his counsel, in the said complaint case. While the Complaint Case No.3002 (C) 2000 aforementioned was pending in the court of the Chief Judicial Magistrate, Kamrup, Guwahati, the Complainant, Shri Inder Chand Goenka, died on 18.7.2000 and his only son, Shri Chandra Prasad Goenka, filed a petition on 18.9.2000, for substituting him as a complainant in place of his deceased father. This prayer was allowed by the learned Court below by its Order dated 18.9.2000, whereupon the accused-petitioner filed an application on 8.11.2000, for his discharge or acquittal in terms of the provisions of Section 256, Cr.P.C. This application was fixed for hearing on 13.11.2000; but on that day, the