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of <h1>Legal heirs not liable for deceased's dishonored cheques under Section 138 NI Act. Court quashes proceedings.</h1> <h3>Smt. Girija Versus K. Vinay</h3> Smt. Girija Versus K. Vinay - TMI Issues:Revision petitions challenging orders under Section 138 of the Negotiable Instrument Act for dishonored cheques due to death of drawer and legal notice timing.Analysis:1. Common Question of Law: Both revision petitions involve a common question of law regarding the legality of orders passed by the Magistrate under Section 138 of the Negotiable Instrument Act for dishonored cheques. The accused, who is the revision petitioner, challenges the legality and propriety of the orders.2. Contentions of Revision Petitioner: The revision petitioner's counsel argued that the legal notice was issued after the prescribed 15 days and that the legal heirs of the deceased drawer cannot be punished under Section 138. Citing a relevant case law, the counsel sought the revision petitions to be allowed.3. Contentions of Respondent: The respondent's counsel contended that the Magistrate's orders were legal and proper, emphasizing that cognizance was taken after due consideration. They argued that legal representatives can be brought into such proceedings and prayed for dismissal of the revision petitions.4. Court's Examination: The Court examined the material on record, which included dishonored cheques, legal notices, and complaints. It noted that the legal notice was not issued within the stipulated time and considered the issue of legal representatives being accused in such cases due to the death of the drawer.5. Interpretation of Statutory Provisions: The Court delved into the legislative intent behind the Negotiable Instruments Act and the absence of provisions for prosecuting legal heirs in case of dishonored cheques. It analyzed relevant sections of the Criminal Procedure Code and highlighted the need for statutory clarity in such situations.6. Judicial Interpretation: Referring to established legal principles, the Court emphasized the duty of judicature to interpret laws in line with legislative intent. It concluded that no proceedings could be initiated against legal heirs for an offense under Section 138 of the Act in case of the drawer's death.7. Decision: Considering the statutory silence on prosecuting legal heirs in such cases and the misinterpretation by the Magistrate, the Court allowed the revision petitions. It set aside the impugned orders and quashed the proceedings against the revision petitioner in both cases to prevent a miscarriage of justice.
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