Negotiable Instruments Act, 1881–Sec. 138–Scope–The proceedings u/s. 138 can easily be conducted and proceeded, for or on behalf of a complainant by a third party represented by the deceased as his LR without any detriment to the accused-person–Therefore, it cannot be said that in a case u/s. 138 where the complainant has died, the only option available to the Magistrate is to acquit the accused–Impugned order of dismissal of complaint is set aside and the petitioner is permitted to proceed with the prosecution against respondent no. 2.
