R.Saravanan v. Suguna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.6883 of 2025 R.Saravanan ... Petitioner Vs.

C.Mani (Deceased)

1. Suguna

2. Gowtham Vignesh

3. Aarthi ... Respondents PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order dated 01.02.2025 made by the learned Judicial Magistrate-I, Salem in Crl.M.P.No.397 of 2023 in C.C.No.127 of 2010 by allowing the revision petition.

For Petitioner :

No appearance For Respondents :

Mrs. R.Raji

ORDER

This Criminal Revision has been preferred challenging the order dated 01.02.2025 passed by the learned Judicial Magistrate-I, Salem, in Crl.M.P.No.397 of 2023 in C.C.No.127 of 2010, thereby allowing the petition to substitute the legal heirs of the deceased defacto complainant.

2.

Originally the husband of the first respondent filed complaint as against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act. The second and third respondents are the son and daughter. While pending trial, the complainant died and as such, the respondents were substituted as complainant 2 to 4. Aggrieved by the same, the present revision.

3.

In the proceedings under Section 138 of the Negotiable Instruments Act, if the complainant died, his legal heirs can very well substitute in the place of the complainant. Therefore, the trial Court rightly allowed the petition and this Court finds no infirmity or illegality in the order passed by the trial Court.

4.

Accordingly, the Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petition is closed. 29.07.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

To

1. The Judicial Magistrate-I, Salem.

G.K.ILANTHIRAIYAN. J, rts 29.07.2025