JUDGMENT

Ajay Mohan Goel, J. - By way of this appeal, the appellants have challenged order, dated 16.01.2017, passed by the Court of learned Judicial Magistrate, 1st Class, Anni, District Kullu, H.P. in Case No. 61-3 of 2013, whereby learned Court below while disposing of an application so filed before it under section 256(1) of the Code of Criminal Procedure, 1973 proceeded to dismiss the complaint by holding that as no application by a competent person entitled to continue the lis after the death of original complainant was before the Court, therefore, the Court had to proceed with the assumption that the complainant was absent.

2. Brief facts necessary for the adjudication of the present appeal are that a complaint was filed under Section 138 (1) read with section 142 of the Negotiable Instruments Act, 1981 by Shri Puran Chauhan, son of late Sh. Mangal Chand against the present respondent, alleging therein that the complainant was an authorized agent of M/s. Harkrishan Lal Baldev Rai Fruit Commission Agents, B-214, New Subzi Mandi Azaadpur, Delhi-33 and under the authority as an authorized agent of the said firm, he had supplied materials like Empty Cartons, Trays, Strapping Mach