NIACT

without court leave complaint cannot change as they wish

The Bank is a jurist person, hence make an application to the court to subsitute the complainant and will be allowed

A couple of days back, a similar question was answered as under:

InAssociated Cement Co. Ltd.Vs. Keshvanand (Criminal Appeal No. 1239 of 1997, Decided On: 16.12.1997), the Hon’ble Supreme Court (in paragraph 25 of the decision) has held as under:

"we suggest as a pragmatic proposition that no magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to  represent the  company  till  the end  of  the proceedings. There  e may  be  occasions  when a  different person can  represent the company e.g. the particular person who represents the company at the first instance may either retire for,  the company's service or may otherwise cease to associate therewith  or he would be transferred to a distant place. In  such cases  it would be practically difficult for the company  to continue  to make  the same person represent the company  in the  court .  In any such eventuality it is open to the de  jure complainant company to seek permission of the court for  sending any other person to represent the company in the court.."

So,its clear that if he has to substitute,give application to the court and with leave of the court he can change as a complainant.

U/S 302 of Cr.PC. 

302. Permission to conduct prosecution.-

(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector, but no person, other than the Advocate-General, or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conductthe prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

(2) Any person conducting the prosecution may do so personally or by a pleader.