IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

nd

ON THE 22 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 30107 of 2018 KISHORE BATHAM Versus GIRRAJ JI FRUIT COMPANY THR Appearance:

Shri Anvesh Jain - Advocate for the petitioner.

ORDER The present petition, under Section 482 of CrPC, has been filed by the petitioner seeking quashment of the orders dated 02.02.2017 and 21.06.2018 passed by the Judicial Magistrate First Class, Gwalior (M.P.), in Case No.

285/2017.

Short facts of the case are that the non-applicant instituted a case under Section 138 of the Negotiable Instruments Act, 1881 before the Court of Judicial Magistrate First Class, Gwalior, through his counsel on 22.12.2015 (Annexure P/1). After filing of the case, the respondent sought time for payment of court fees and for arguments regarding the registration of the case. The respondent deposited the court fees on 05.07.2016 and on the same date again sought time for arguments on registration. During the pendency of the complaint, the complainant expired on 26.11.2016 (Annexure P/3). Despite being aware of the death of the complainant, the respondent’s counsel, by suppressing this fact