https://www.taxtmi.com/caselaws?id=298884 A legal heir of a deceased cheque payee may present and prosecute a Section 138 Negotiable Instruments Act complaint, even though the heir is not a holder in due course in the strict sense. The Court treated the heir as stepping into the shoes of the payee for practical purposes and held that the payee's death does not, by itself, terminate the criminal proceedings or make the complaint non-maintainable, provided the complainant establishes legal representative status if disputed. The dismissal of the complaint by the Sessions Judge was therefore unjustified. en-us Mon, 01 Dec 2003 00:00:00 +0530 Thu, 25 Nov 2021 15:24:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298884 A legal heir of a deceased cheque payee may present and prosecute a Section 138 Negotiable Instruments Act complaint, even though the heir is not a holder in due course in the strict sense. The Court treated the heir as stepping into the shoes of the payee for practical purposes and held that the payee's death does not, by itself, terminate the criminal proceedings or make the complaint non-maintainable, provided the complainant establishes legal representative status if disputed. The dismissal of the complaint by the Sessions Judge was therefore unjustified. Case-Laws Indian Laws Mon, 01 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298884