Manoj Swami Decd. Thr. Seema Swami vs State & Anr

ik-194999583 Delhi High Court 27 February 2026 • 3 min read

Judges (1)

Counsel (2)

Narender Mann Counsel Appellant Utkarsh Counsel Respondent

Parties (3)

State Respondent Manoj Swami Appellant Seema Swami Appellant

Case Significance

Manoj Swami Decd. Thr. Seema Swami vs State & Anr is a Delhi High Court decision dated February 27, 2026 (citation: ik-194999583). The legal heir of the original complainant in a Section 138 NI Act case appealed the trial court's order dismissing the complaint for default. The Court found the trial court erred in dismissing the complaint when Section 302 CrPC permits legal representatives to prosecute, relying on Supreme Court precedents in Jimmy Jahangir Madan and Rashida Kamaluddin Syed. The appeal was allowed, the dismissal order set aside, and the complaint restored to the trial court for expeditious disposal. The case was heard by Justice Chandrasekharan Sudha. Counsel appearing: Narender Mann (counsel for appellant), Utkarsh (counsel for respondent).

Summary

The legal heir of the original complainant in a Section 138 NI Act case appealed the trial court's order dismissing the complaint for default. The Court found the trial court erred in dismissing the complaint when Section 302 CrPC permits legal representatives to prosecute, relying on Supreme Court precedents in Jimmy Jahangir Madan and Rashida Kamaluddin Syed. The appeal was allowed, the dismissal order set aside, and the complaint restored to the trial court for expeditious disposal.

What was the outcome of Manoj Swami Decd. Thr. Seema Swami vs State & Anr?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-194999583)