- (1.) Aggrieved by the order of the High Court of Punjab and Haryana dated 16th December, 2008 quashing the criminal complaint filed by the appellant - complainant under Sections 420, 467, 468, 471, 474, 385, 209 and 120B read with Section 34 IPC against the accused respondents this appeal has been filed. The appellant - complainant who has died during the pendency of the present appeal is being represented by his legal heirs.
(2.) We have heard the learned counsels for the parties.
(3.) The appellant - complainant was the accused in a proceeding under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the N.I. Act") which had been instituted by the respondent(s) herein. The gravamen of the allegations in the said proceeding under section 138 of the N.I. Act is dishonour of a cheque of Rs. 20,62,418/-claimed to have been issued by the appellant - complainant to the respondent(s) herein. Instead of appearing before the learned trial Court in the said proceedings under section 138 of the N.I. Act and taking up a defence, the appellant - complainant had instituted the present criminal proceeding against the respondents accused alleging that the cheque claimed to have been dishonoured to be a forged one. The claim of forgery qua the cheque in question was based on a statement appearing in the Complaint Petition (Paragraph 10) which is in the following terms. "The said accused have forged the blank cheque by writing the date and amount over the said cheque by hatching a conspiracy with common intention to cheat the complainant." ;