Q: Write about the section 259 of Cr.P.C?
Ans: Section 259 of Cr.P.C mentions about the non appearance or death of complainant.
When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the trial of warrant-cases and may recall any witness who may have been examined.
So, according to the Code of Criminal Procedure, 1973, u/s. 256, 302 in case of non-appearance or death of the complainant, the legal heir of the deceased complainant continues to proceed in the cheque bounce case u/s.138 of NI Act.
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