1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO. 1495 OF 2008 M/s. Shilpa Estate and Development Corporation and Ors. ...Applicants. v. Dr. Pharokh D. Sunavala & Ors. ...Respondents. Mr.R.S.Tripathi, adv. For the Applicants. Mr.K.B.Sonwalkar, adv. For the Respondent No.1. Shri Y.S.SHinde, APP for the R.No.2. None for the respondent no.3. CORAM : J.H. BHATIA, J. DATED : AUGUST 9, 2010 P.C. 1 Th original accused filed this application for quashing the proceeding in C.C.No.93/SS/2004 pending on the file of the Metropolitan Magistrate 29th Court, Bhoiwada, Dadar, which was filed by the respondent no.1/original complainant. The learned counsel for the applicants pointed out that original complainant has expired on 19.8.2009 and his legal heirs were not brought on record in the complaint. On the last date, the learned counsel for the respondent no. 1/complainant sought time to move an application before the trial Court for bringing legal heirs of the complainant on record. However, today the 2 learned counsel for the respondent no.1 makes a statement that both the sons of the respondent no.1 are living abroad and, therefore, it is not possible within reasonable time to move an application to bring legal heirs of the deceased complainant. In view of this, complaint will stand abated. In the result, this application to quash the proceeding in the complaint has become infructuous. Therefore, this application stands disposed off as infructuous. (J.H. BHATIA,J.)