This criminal revision was allowed, quashing criminal proceedings in a cheque bounce case where the sole drawer had died before the case was filed, holding that heirs cannot be held liable.
Criminal Case No.2096 of 2017 is quashed and the Criminal Revision is disposed of.
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13.06.2022
ss
C.R.R. 3232 of 2018
, In the matter of : Malay Kumar Hazra Vs. HDFC Bank Ltd. & anr.
Mr. Swapan Kumar Mallick Mr. Sabyasachi Mondal Ms. Sudeshna Das Mr. Sayan Mukherjee … for the petitioner Mr. Kaushik Chatterjee Ms. Mouli Sarkar … for the O.P. No.1 Ms. Sreeyashee Biswas … for the State
It is submitted on behalf of the petitioner that the drawer of the cheque namely, Indra Hazra Mukherjee died on 19.2.2015 and in respect of the same a copy of the certificate issued by the Kolkata Municipal Corporation has been annexed as annexure P2. It is also submitted that the other joint account holder was not the drawer of the impugned cheque.
In view of the above fact that Indra Hazra Mukherjee, who had alone drawn the cheque, died and the liability under Section 138 of the Negotiable Instruments Act cannot be imposed upon the heirs of the deceased, or upon joint account holder, who had not drawn the cheque, the entire proceeding being C.Case No.2096 of 2017 is hereby quashed.
Accordingly, C.R.R.3232 of 2018 is disposed of.
Let copy of the cheque showing that the impugned cheque was signed by Indra Hazra Mukherjee, is kept on record.
(Ajoy Kumar Mukherjee, J.)
2 issues framed by the court
Whether criminal proceedings can be dismissed when the drawer of the cheque has died.
Whether liability under Section 138 can be imposed on the heirs of a deceased drawer.
1 provisions across 1 enactments
Malay Kumar Hazra
HDFC Bank Ltd.
Ajoy Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
