Honble LAL, J.–This revision petition under Section 397 read with 401 Cr.P.C. is directed against the order dated 26.6.2006 passed by the learned Addl. Civil Judge (Jr.Div.)-cum-Judicial Magistrate No.3, Alwar in Criminal Case No.246/2003 whereby the application filed by the non-Section No.2 Kedar Vyas for his substitution in place of Pyare Lal, complainant (since deceased) has been allowed.

(2). The relevant facts are that one Pyare Lal filed a complaint in the learned court below under Section 138 of the Negotiable Instruments act, 1881 (for short, "the Act") against the accused- petitioner. After completion of the evidence of the complainant and recording of the statements of the accused under Section 313 Cr.P.C., the complainant appears to have died at the stage of evidence of the defence. So, non-petitioner No.2 filed an application on 1.7.2005 for permission to the substitute him in place of the complainant as his legal heir and to prosecute the aforesaid complaint which he was already prosecuting as power of attorney holder of the complainant.

(3). After hearing both sides, the trial court allowed the application and permitted the non-petitioner No.2 to prosecute the complaint

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