Case Law Details
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 simple imprisonment for one year.
The legal heirs, in such a case, are neither liable to pay the fine or to undergo imprisonment. However, they have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence. We have, therefore, allowed the application filed by the legal heirs to prosecute this appeal.
The case set up by the complainant was that the original appellant had borrowed a sum of Rs.5 lakhs from him and for repayment of that sum had issued a cheque on 18.11.2000 drawn on State Bank of Mysore. On presentation, the cheque was dishonoured for want of sufficient funds. Thereafter, legal notice (Ext.P4) was issued, which has been duly served upon the original appellant. According to the complainant, no reply to the said notice was received and therefore a private complaint was filed. A defence was raised by the accused that he had not signed the cheque. During the course of the trial, the original appellant got the cheque sent to the handwriting expert for comparison with the admitted signatures. It is not clear as to what were the admitted signatures which were sent to the handwriting expert but the handwriting expert opined that the signatures on the cheque were not those of the person who had written the admitted signatures. The Trial Court dismissed the complaint mainly on the ground that the handwriting expert had opined that the signatures on the cheque were not those of the original appellant.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
