Supreme Court · 2004 INSC 639 · Decided 4 November 2004
Jimmy Jahangir Madan v. Bolly Cariyappa Hindley (D) BY LRS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 639 · [2004] SUPP. 5 S.C.R. 955
- Case number
- CRIMINAL APPEAL No. 1222/2002
- Decided
- 4 November 2004
- Bench
- B.N. AGRAWAL, H.K. SEMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 302, 2(q); NI Act Section 32, 138
Headnote
B Code of Criminal Procedure, 1973: s.302 read with s.2(q)-Permission to continue prosecution-Death of complainant during trial-Power of attorney holders of the heirs filing C applications u/s 302 f1Jr permission to continue prosecution-Held, permission can be granted only if it is sought by the holders-Applications dismissed with liberty to the heirs to make applications themselves as indicated in the order-Advocates Act, 1961-s.32-Negotiable Instruments Act, 1881- D s.138. In a complaint case under s.138 of the Negotiable Instruments Act, 1881, on the death of the complainant during
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