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    <title>2003 (7) TMI 742 - KARNATAKA HIGH COURT</title>
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    <description>Section 138 proceedings do not survive against the legal heirs of a drawer who died before the complaint was filed, because the Negotiable Instruments Act contains no provision creating criminal liability in that situation and the Code of Criminal Procedure cannot be used to expand it. The proceedings also failed because notice was not issued within the statutory time after receipt of bank information, and that requirement was treated as mandatory. The revisional challenge therefore succeeded, the cognizance order was set aside, and the criminal proceedings were quashed.</description>
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    <pubDate>Fri, 18 Jul 2003 00:00:00 +0530</pubDate>
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      <title>2003 (7) TMI 742 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301986</link>
      <description>Section 138 proceedings do not survive against the legal heirs of a drawer who died before the complaint was filed, because the Negotiable Instruments Act contains no provision creating criminal liability in that situation and the Code of Criminal Procedure cannot be used to expand it. The proceedings also failed because notice was not issued within the statutory time after receipt of bank information, and that requirement was treated as mandatory. The revisional challenge therefore succeeded, the cognizance order was set aside, and the criminal proceedings were quashed.</description>
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      <pubDate>Fri, 18 Jul 2003 00:00:00 +0530</pubDate>
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