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2002 Supreme(HP) 350

M.R.VERMA
Sunder Singh – Appellant
Versus
Gindo Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Jagdish Vats, Advocate

JUDGMENT :

M.R. Verma, J.

Since all these petitions under section 482 of the Criminal Procedure Code (hereafter referred to as 'the code') raise common question of law based on similar facts, therefore, are being disposed of by this common order.

2. The facts relevant for the purpose of disposal of these petitions are that one Gian Singh filed five complaints against the petitioner under section 138 of the Negotiable Instruments Act. After taking into account the statement of the complainant and other material on record, the learned trial Magistrate found prima facie case against the petitioner and accordingly issued process against him pursuant to which the petitioner put in appearance before the trial court. However, during the pendency of the complaint. Said Gain Singh died. His wife, the respondent, filed an application before the trial court to substitute her in place of the deceased complainant under section 256 of the code. The trial court allowed the applications vide its orders dated 12.12.2001. Being aggrieved, the petitioner assailed the said orders by filing revision petitions under section 397/401 of the code. The petitions were dismissed by the learned Additional Session

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