If the complainant is died in a cheque case, the legal heirs can be impleaded as complainants under Section 317 of the Code of Criminal Procedure (CrPC).

If the complainant is died in a cheque case, the legal heirs can be impleaded as complainants under Section 317 of the Code of Criminal Procedure (CrPC).

Section 317 CrPC deals with the substitution of complainants. It provides that if a complainant dies during the pendency of a case, the Court may, if it thinks fit, substitute the legal heirs of deceased complainant as such complainant.

The legal heirs of the deceased complainant can apply to the Court for being impleaded as complainants by filing a petition under Section 317 CrPC. The petition must contain the following information:

The name and address of the petitioner.

The name and address of the deceased complainant.

The date of death of the deceased complainant.

The relationship between the petitioner and the deceased complainant.

The reasons why the petitioner should be impleaded as a complainant in the case.

The Court will examine the petition and decide whether or not to implead the legal heirs of the deceased complainant as complainants in the case. If the Court decides to implead the legal heirs of the deceased complainant as complainants, it will pass an order accordingly.

Once the legal heirs of the deceased complainant are impleaded as complainants in the case, they will have all the rights and liabilities of a complainant in the case. They will be entitled to participate in the proceedings of the case and to adduce evidence. They will also be liable to be cross-examined by the accused.

Here are some examples of legal heirs who can be impleaded as complainants in a cheque case under Section 317 CrPC:

The spouse of the deceased complainant.

The children of the deceased complainant.

The parents of the deceased complainant.

The siblings of the deceased complainant.

Other relatives of the deceased complainant, such as grandparents, uncles, aunts, and cousins.

It is important to note that the Court has the discretion to decide whether or not to implead the legal heirs of the deceased complainant as complainants in the case. The Court will consider all the relevant factors, such as the nature of the case, the relationship between the petitioner and the deceased complainant, and the interests of justice, before making a decision.

PETITION FOR WITHDRAWAL OF CASE

IN THE JUDICIAL FIRST CLASS MAGISTRATE COURT, [CITY]

Case No.: [CASE NUMBER]

[COMPLAINANT'S NAME] v. [ACCUSED'S NAME]

PETITION FOR WITHDRAWAL OF CASE

The humble petition of [COMPLAINANT'S NAME] respectfully showeth:

That the petitioner is the complainant in the above-mentioned case.

That the accused is [ACCUSED'S NAME].

That on [DATE], the petitioner filed a complaint against the accused under Section 138 of the Negotiable Instruments Act, 1881, for issuing a dishonoured cheque.

That the parties have since resolved the matter amicably.

That the petitioner is no longer interested in pursuing the case against the accused.

WHEREFORE, the petitioner prays that the Hon'ble Court be pleased to allow the withdrawal of the above-mentioned case.

[COMPLAINANT'S SIGNATURE]

[DATE]

VERIFICATION

I, [COMPLAINANT'S NAME], son/daughter of [FATHER'S NAME], resident of [ADDRESS], do hereby solemnly affirm and declare that the contents of the above petition are true to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.

[COMPLAINANT'S SIGNATURE]

[DATE]