Section 138 NI Act: Legal Heirs Can Challenge Conviction of deceased Convict

M. Abbas Haji Vs. T.N. Channakeshava (Supreme Court) Delay in filing substitution application is condoned. Application for substitution is allowed and abatement is set-aside. This appeal is directed against the order dated 22.10.2008, whereby the High Court allowed the appeal of the complainant and held the original appellant before us (since deceased), whose legal representatives are on record, liable for conviction under Section 138 of the Negotiable Instruments Act (hereafter referred to as the “Act”). He was sentenced to pay fine of Rs.5,10,000/- and in default to undergo simp...