TMI Blog2003 (12) TMI 671X X X X Extracts X X X X X X X X Extracts X X X X ..... sed for the said offence, questioning the legality and propriety of the said order by the learned Sessions Judge. 2. The Court has heard the arguments of Sri R.L. Patil, the learned Counsel for revision petitioner and Sri Veerendra Patil, learned Counsel on behalf of the respondent. 3. The learned Counsel for revision petitioner strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. The learned Sessions Judge was not at all justified in setting aside the order of the learned Magistrate. The material on record shows that the complaint filed before the learned Magistrate had been maintainable in law in view of the fact that the complainant is the payee under the instrument in que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had carefully perused the material on record and gave its anxious thoughts over the rival contentions raised at the Bar. 6. From the material on record, it is seen that the accused is stated to have issued the cheque in question towards the discharge of legal liability in favour of the husband of the complainant. The payee had died before presentation of the cheque for payment. Subsequently, the wife of the payee had presented the cheque for payment and the same had been dishonoured for want of sufficient funds. Later on, the legal notice have been exchanged and as here was no payment of the amount under the cheque, private complaint had been filed. The learned Magistrate, after considering the material on record, had ordered for issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he complainant had been claiming his right on the basis of a Will and as a holder in due course. The learned Sessions Judge had held that the complainant himself was in possession of the instrument for consideration and as there was no material to show the passing of consideration, the complaint came to be quashed. But, in the case on hand, the complainant has been claiming to be the legal heir of the deceased payee. By statutory provisions of the Negotiable Instruments Act, it is seen that the payee is a person named in the instrument, to whom or in whose favour the money is directed to be paid. In the case on hand, the complainant is none other than the wife of the deceased payee. Having regard to the facts and circumstances of the case a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitely file a complaint under Section 138 of the NI Act, as he would be a holder in due course. The discussion supra, goes to show that this Court has held that, on the death of a payee, the legal heirs automatically step into the shoes of the payee and as such, the ratio laid down in the said decision cannot be pressed into service. 12. Having regard to the factual aspects and the settled principles of law in this regard, in the opinion of this Court, on the death of the payee, his legal heirs steps into the shoes of the payee for all practical purposes and such a person can also file and prosecute the complaint after completing the legal formalities. It is also necessary to mention that it would be incumbent upon the Complainant to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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