Father of accused allegedly borrowed loan from complainant and died withoutrepaying same - Accused undertook to repay loan and issued cheques which got dishonoured - As per S. 29, legal representative of deceased is liable personally to repay loan to complainant- Complaint is maintainable.

Citation

AIROnline 2023 KAR 3

Karnataka High Court

K. NATARAJAN , J.

CRIMINAL APPEAL - 725 of 2011 D/- 2 - 1 - 2023

Prasad Raykar v. B. T. Dinesh

(A)Negotiable Instruments Act (26 of 1881), S.138, S.29 - Cheque dishonour complaint - Maintainability - Father of accused allegedly borrowed loan from complainant and died without

repaying same - Accused undertook to repay loan and issued cheques which got dishonoured - As per S. 29, legal representative of deceased is liable personally to repay loan to complainant

- Complaint is maintainable.

AIR 2002 SC 3014-Followed

 (Para 10) 

(B)Negotiable Instruments Act (26 of 1881), S.138 - Cheque dishonour - Plea of time barred debt - Father of accused allegedly borrowed loan from complainant and died without repaying same

- Accused undertook to repay loan and issued cheque which got dishonoured - Plea that debt was time barred - Accused undertook to repay amount and he paid Rs.10,000/- within two years

and thereafter he issued two cheques - Therefore, once amount was already repaid, question of taking contention that it was time barred debt does not arise - Conviction of accused, proper.

 (Para 11)