Code of Criminal Procedure, 1973–Sec. 256–Negotiable Instruments Act, 1881–Sec. 138–Dismissal of the complaint by invoking the provisions of Sec. 256 and rejecting the application for taking the LR’s. of deceased-complainant on record–Justification–Death of complainant during the trial–The victim of a crime dies but the crime committed against him does not, thus the guilt of offender does not wash away merely because the victim is no more to prosecute him–If there was delay in filing the application, trial Court was to consider the application u/s. 5 of Limitation Act–No material is available on record to show that the delay was delebrate on part of LR’s.–Therefore, the delay of 5 months 29 days is not an abnormal situation–Impugned order set aside and case restored back and remanded back to Trial Court.
