On the Death of Late Bikash Bhuiya v. Tapadhir Kanti Das and Anr

Order

22.08.2023

¶1Heard Mr. P. K. Deka, learned counsel for the applicants/respondents. Also heard Mr. M. H. Rajbarbhuiyan, learned counsel for the opposite party/petitioner.

¶2This is an application filed under Section 302 of the Code of Criminal Procedure, 1973 for substitution of the legal heirs of the respondent No. 2 in the connected Crl.Rev.Petition No. 12/2020.

¶3The background facts of filing such application are as follows:- I. The respondent No. 2 in the connected Crl. Rev. Petition instituted a prosecution under Section 138 of the Negotiable Instrument Act, 1881, against the petitioner in the connected Crl. Rev. Petition. Page No.# 4/5 II. The aforesaid case was registered as N.I. Case No. 78/2010. III. The learned Chief Judicial Magistrate, Cachar, Silchar by its Judgment dated 20.11.2018, convicted the Criminal Revisional Petitioner under Section 138 of N.I. Act, and sentenced him to pay a sum of Rs. 6 Lakhs (six lakhs) to the complainant, as fine including lump sum interest amount, in default 6 months of rigorous imprisonment.

¶4Being aggrieved by the aforesaid judgment of the learned Chief Judicial Magistrate, Cachar, Silchar, the Revisional Petitioner preferred an appeal being Crl. Appeal No. 40/2018, before the learned Sessions Judge, Cachar, Silchar which was also dismissed by its Judgment dated 18.11.2019.

¶5Being aggrieved, again the connected Crl. Rev. Petition No. 12/2020 was preferred.

¶6During the pendency of the said Crl. Rev. Petition, the complainant of the N.I. Case No. 78/2010 / respondent No. 2 in the Crl. Rev. Petition, expired. Accordingly, the present Interlocutory Application (Crl) has been filed as discussed hereinabove for substitution of the legal heirs of the deceased complainant/respondent No. 2.

¶7The complainant/respondent No. 2, of the connected Crl. Rev. Petition, expired unmarried leaving behind the present applicants as his Class-2 legal heirs. The present applicants are the brothers and sisters of the deceased complainant/respondent No. 2.

¶8The law is by now well settled that on the death of complainant during Page No.# 5/5 proceeding of a complaint case, the right of the legal heirs of the deceased complainant to continue with the prosecution survives. Such principle was laid down by the Hon'ble Apex Court in the case of Chand Devi Daga and Others –Vs-Manju K. Humatani and Others reported in (2018) 1 SCC 71. A Co-ordinate Bench considering a similar situation in the case of Kushal Kr. Talukdar –Vs-Chandra Prasad Goenka reported in 2004

(3) GLT 465 dealing with a complaint case under Sections 138 and 142 of the Negotiable Instrument Act, 1881, held that on the death of the complainant, substitution of his legal heirs is permissible.

¶9In view of the aforesaid proposition of law, in the considered opinion of this Court, the present applicants should be arrayed as respondent Nos. 2(a), 2(b), 2(c), 2(d), 2(e) and 2(f) as described at paragraph 6 of this interlocutory application.

¶10Registry to correct the cause title of the connected Crl. Revision Petition No. 12/2020.

¶11Accordingly, this Interlocutory Application (Crl.) stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010078132023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/299/2023o ONoTHEoDEATHoOFoLATEoBIKASHoBHUIYAo HISoLEGALoHEIRS,oNAMELY 1.1:oSMTIoSEFALIoBHUIYA oD/OoLATEoBINODEoBIHARIoBHUIYA oR/OoBHUYAoROAD oJANIGANJ oP.O.oANDoP.S.-SILCHAR oDIST-CACHARo(ASSAM) oPIN-788001 1.2:oBIDYUToKUMARoBHUIYA oS/OoLATEoBINODEoBIHARIoBHUIYA oR/OoFLAT-Co202 oPRISTINEoGRANDEUR oWAKED oPUNE-411057 1.3:oSMTIoKAJALoSAHA oD/OoLATEoBINODEoBIHARIoBHUIYA oR/OoSACHINoENCLAVE oSOLAPARAoROAD oGUWAHATI-781008 1.4:oBIMALoKUMARoBHUIYA oS/OoLATEoBINODEoBIHARIoBHUIYA oR/Oo18/80 oDOVERLANE oGARIAHAT oKOLKATA-700029 1.5:oBIDHANoCHANDRAoBHUIYA oS/OoLATEoBINODEoBIHARIoBHUIYA oR/OoBHUYAoROAD Page No.# 2/5 JANIGANJ P.O. AND P.S.-SILCHAR DIST-CACHAR (ASSAM) PIN-788001 1.6: SMTI. ANJALI SAHA D/O LATE BINODE BIHARI BHUIYA R/O NAIPUKUR OPPOSITE OF SUHASINI APARTMENT RAJARHAT KOLKATA-70015 VERSUS TAPADHIR KANTI DAS AND ANR. S/O LT. SIRISH CHANDRA DAS, R/O SONAI ROAD, SILCHAR, P.O. AND P.S.- SILCHAR, DIST-CACHAR (ASSAM), PIN-788001 2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA Advocate for the Petitioner : MR. I H LASKAR Advocate for the Respondent : MR. M H RAJBARBHUIYAN Linked Case : Crl.Rev.P./12/2020 TAPADHIR KANTI DAS S/O LT. SIRISH CHANDRE DAS R/O SONAI ROAD SILCHAR P.O. AND P.S.-SILCHAR DIST-CACHAR ASSAM PIN-788001 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Page No.# 3/5 2:BIKASH BHUYA S/O LT. BINOD BIHARI BHUYA R/O BHUYA ROAD JANIGANJ P.O. AND P.S.-SILCHAR DIST-CACHAR ASSAM PIN-788001 ------------ Advocate for : MR. M H RAJBARBHUIYAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY