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Section 138 NI Act: Legal Heirs Of Deceased Convict Can Challenge Conviction
27 Sep 2019 06:15 pm
The Supreme Court has held that legal heirs of a deceased accused convicted under Section 138 of Negotiable Instrument Act have a right to challenge the conviction of their predecessor only to show that he was not guilty of any offence.
In M. Abbas Haji vs. T.N. Channakeshava, while allowing the application filed by the legal heirs to prosecute an appeal filed by the deceased accused, the bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed:
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.
In the instant case, 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 accused. The High Court, on appeal filed by the complainant, convicted the accused on following grounds (1) Accused did not step into the witness box to state that he had not signed the cheque; (2) that the opinion of the handwriting expert was only an opinion and not conclusive; (3) that the Accused failed to prove that he had sent a reply to the notice sent to him by the complainant because so-called reply was not marked in evidence and no postal receipt of the same was placed on record.
