Monday 15 April 2019

"Criminal liability cannot be fastened on the heirs and the legal representatives of the person who is said to have been guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881.


Andhra Pradesh High Court in Smt.Bupinder Lima Vs. State of A.P., wherein it has been held as follows:
"Criminal liability cannot be fastened on the heirs and the legal representatives of the person who is said to have been guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881.
Held accordingly, that the petitioners, the wife and daughters of the deceased drawer, could not be prosecuted for the offence under Section 138 of the Act for the alleged failure of the drawer in meeting the liability to pay the amount covered by the cheque which was dishonored in response to the notice sent by the payee.