https://www.taxtmi.com/caselaws?id=298641 Under the Negotiable Instruments Act, a complaint under Section 138 can be maintained only by the payee or a holder in due course. A legal heir or the payee's wife does not automatically acquire that status merely by virtue of death or relationship; holder in due course requires possession for consideration before overdue and without notice of defect in title. On those principles, the wife who presented the cheque after the payee's death lacked statutory locus standi, and the prosecution was held not maintainable. en-us Fri, 28 Apr 2017 00:00:00 +0530 Sat, 13 Nov 2021 20:27:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298641 Under the Negotiable Instruments Act, a complaint under Section 138 can be maintained only by the payee or a holder in due course. A legal heir or the payee's wife does not automatically acquire that status merely by virtue of death or relationship; holder in due course requires possession for consideration before overdue and without notice of defect in title. On those principles, the wife who presented the cheque after the payee's death lacked statutory locus standi, and the prosecution was held not maintainable. Case-Laws Indian Laws Fri, 28 Apr 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298641