complaint Filed by wife/legal representative of deceased payee, is maintainable.

Citation

2009 CRI. L. J. 221

KARNATAKA HIGH COURT

(Principal Seat at BENGALURU)

H. N. NAGAMOHAN DAS , J.

Crl. Petn. No. 4094 of 2006, D/- 17 - 6 - 2008

Ashok Kumar v. Dr. T. R. Bhageerathi

Negotiable Instruments Act (26 of 1881), S.142, S.138, S.8 - Cheque dishonour complaint - Filed

by wife/legal representative of deceased payee, is maintainable.

Legal representatives of payee or the holder in due course are entitled to file a criminal petition under

Section 142 of the Act. Section 8 of the Act defines 'Holder' means any person entitled in his own

name to the possession thereof and to receive or recover the amount under the instrument from the

drawer. Therefore the legal representatives of a payee or holder in due course are entitled to the

legal possession of the instrument and further to receive and recover the amount covered under the

instrument from the drawer. Section 118(g) of the Act specifies that holder of a negotiable instrument

is a holder in due course. Therefore the legal representatives of deceased payee or holder in due course

are entitled to file a complaint under Section 142 of the Act for offence punishable under Section

138 of the Act.

 (Para 9) 

Cases Referred Chronological Paras

AIR 2001 SC 3641 : 2002 AIR SCW 3709 : 2002 Cri LJ 93 4, 10, 11

2000 Cri LJ 1251 (Ker) 3

AIR 1992 SC 96 : 1991 AIR SCW 2754 3

ILR 1990 Kar 3881 3

AIR 1984 SC 5 : 1984 Cri LJ 1