Ashok Kumar Pabuwal S/O Shri J.K. Pabuwal Vs Mohammed Abdul Hai S/O Late Kayuum Bhai Proprietor Kayuum Motors

Present leave to appeal is preferred against order dated 30.06.2018 in case No. 1143/2017 passed by learned Special Metropolitan Magistrate (NI Act Cases) No.2, Jaipur Metro whereby respondent accused was acquitted from charge under Section 138 NI Act.

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The contention of appellant complainant was that to fulfill legal liability, cheque was issued by Late Kayuum Bhai and on his death, present respondent was arrayed as accused respondent. The fact as admitted on record clearly indicated that the firm was not a juristic person therefore the liability for payment was of owner or proprietor.

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Considering aforesaid as the criminal action comes to an end on death of wrong doer, therefore being legal representative or a

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[CRLLA-412/2018]

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(2 of 2)

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successor of asset of deceased, criminal liability cannot be fastened on legal representative. I do not find any reason in the order of learned trial court, therefore present leave sans merit and liable to be dismissed.

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Accordingly, present leave to appeal is dismissed.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /02

Ashok Kumar Pabuwal S/O Shri J.K. Pabuwal v. Mohammed Abdul Hai S/O Late Kayuum Bhai Proprietor Kayuum Motors

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Ashok Kumar Pabuwal S/O Shri J.K. Pabuwal v. Mohammed Abdul Hai S/O Late Kayuum Bhai Proprietor Kayuum Motors

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