Pradeep S. Phanse Since Deceased Through Legal Heirs Rashmi Pradeep Phanse v. Kirti Gadhiya And ANR

17-APPR-96-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL MISC. APPLICATION NO.96 OF 2017 IN CRIMINAL REVISION APPLICATION NO.152 OF 2016 Pradeep Phanse Since deceased through his legal heirs, Smt. Rashmi Pradeep Phanse )...Applicant V/s.

Kirti Gadhiya )...Respondent Mr. Hardik Vyas h/for Mr. Amol Patankar, Advocates for the Applicant/Original Respondent No.1.

Mr. Ameet Palkar, APP for the Respondent - State.

CORAM

:

A. M. BADAR, J.

DATE :

21st MARCH, 2017.

P.C. :

This is an application by legal heir of the deceased respondent no.1 for permitting her to defend the revision petition filed by original accused.

It is seen from the death certificate placed on record that the original complainant i.e. respondent no.1-Pradip Phanse expired on 24.11.2016. The applicant is his legal heir. The revision petition is challenging the conviction of the revision Shivgan 1/2

17-APPR-96-2017.doc petitioner/original accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in a complaint filed by the deceased respondent no.1-Pradip Phanse. As such, the applicant who is his legal heir is entitled to defend the revision petition.

In this view of the matter, the application is allowed in terms of prayer clause (a).

(A. M. BADAR, J.) Shivgan 2/2