Kanwaljit Singh Ahluwalia, J. - (1.) The present petition has been filed under Section 482 Cr.P.C. to assail the order dated 19.3.2013 passed by the Judicial Magistrate, Sambhar Lake, District Jaipur in Criminal Case No. 15/2011 titled as Firm Kapoor Chand vs. Amit Kumar, whereby upon death of the complainant Bhagchand Jain sole Proprietor his son Mahesh Chand Jain was brought on record as legal representative due to death of Bhagchand Jain during the pendency of the complaint filed under Section 138 of Negotiable Instruments Act.
(2.) Briefly stated, firm Kapoor Chand Bhagchand Phulera through its sole Proprietor Bhagchand Jain son of Kapoor Chand Jain instituted a complaint under Section 138 of N.I. Act against the petitioner Amit Kumar. After cognizance in the said complaint was taken against the accused petitioner, he was summoned to stand trial. On 27.12.2011 Bhagchand Jain, the sole Proprietor of the above said firm expired. It happened before the service of summons upon the petitioner was affected. The complaint continued even though the complainant had expired and same was not pronounced as having abated. On 19.3.2013, after lapse of about one and a half year of death of Bhagchand Jain, an application was filed by Mahesh Chand Jain son of Bhagchand Jain under Order 22 Rule 3 CPC praying that since Bhagchand Jain the sole Proprietor of the firm has died, he being son be impleaded as Proprietor of the firm. The application so filed is annexed with the present petition as Annexure-2.
(3.) In the application Annexure-2, it is stated that Bhagchand Jain was survived by four legal heirs which included one daughter and three sons. Legal heirs of Bhagchand Jain appointed Mahesh Chand Jain as sole Proprietor and therefore, he be brought on record as legal representative. The said application was allowed on 19.3.2013 and after taking amended cause title on record, the case was fixed for 3.4.2013.;