1. This criminal revision is directed against the order dated 6-6-2017 passed by the learned Chief Judicial Magistrate, Belonia dismissing the complaint filed by the petitioner against the respondent u/S. 138, Negotiable Instruments Act, 1881 (' the Act' for short) on the ground that the petitioner is neither the payee nor the holder in due course.

2. The facts giving rise to this revision are that the original holder of the cheque in question, namely, the late Sankar Prasad Sarkar died whereinafter his wife i.e. the petitioner deposited the cheque with the Bank which dishonoured it. This prompted her to send a demand notice to the respondent (Sri Milan Pal) for payment of the due amount, but the respondent refused to do so. It was the case of the petitioner that she and her children succeeded to the properties left behind by the deceased. The trial court, however, questioned the locus standi of the petitioner to file the application