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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Ram Avtar Agarwal – Appellant
Versus
State of U.P. – Respondent
Based on the provided legal document, the following key points are relevant:
Legal heirs can pursue a complaint under Section 138 of the Negotiable Instruments Act after the death of the complainant, as per Section 302 Cr.P.C. (!) (!) .
The absence of a specific provision for substitution of the deceased complainant does not prevent the legal heirs from continuing the proceedings; the court has the discretion to permit them to do so (!) (!) .
The court clarified that the proceedings do not automatically abate upon the death of the complainant if the court permits the legal heirs to continue. The court can also allow the legal heirs to proceed either personally, through a pleader, or via a power of attorney (!) (!) .
The summons issued to the director of the company in his capacity as a signatory were deemed valid, as the summons clearly mentioned his status as Director, and service upon him was sufficient for the company (!) (!) .
The contention that the complaint proceedings were invalid due to the death of the complainant and the subsequent application filed by his son to continue the case was rejected, affirming that such continuation is permissible under the relevant provisions (!) (!) .
The argument that the cheque was lost and thus not issued in discharge of any liability is a matter for defense during trial, not grounds for quashing the proceedings (!) (!) .
The contention regarding the incorrect address for service of notice can also be raised as a defense during the trial, as the issue of service is a question of fact (!) .
Even if the cheque was returned with an endorsement indicating 'account closed,' proceedings under Section 138 are not automatically invalid and can be defended during trial (!) .
The court observed that the proceedings had been pending for several years without the applicant actively contesting, and no illegality was found in the order permitting the continuation of the case by the legal heirs (!) (!) .
Consequently, the application to quash the proceedings was rejected, as there was no illegality in the order allowing the legal heirs to pursue the complaint (!) .
These points summarize the court's reasoning and the legal principles applied regarding the continuation of criminal proceedings under Section 138 of the Negotiable Instruments Act after the complainant's death, the validity of summons, and the defenses available to the accused.
JUDGMENT :
(Arun Kumar Singh Deshwal, J.)
1. Heard Sri Rahul Chaudhary, learned counsel for the applicant and Sri Uday Bhan, learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 11.09.2018 passed by learned Presiding Officer, Additional Court No.3, Agra as well as entire proceedings of Complaint Case No.874 of 2018 (Vinod Kumar Agarwal Vs. Ram Avtar Agarwal and another), under Section-138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station- Chhata, District-Agra, pending in the court of Additional Court No.3, Agra.
3. The facts giving rise to the present case is that father of opposite party no.2, Vinod Kumar Agarwal had filed a complaint against the applicant u/s 138 of the Act, 1881 with the allegation that to return the payment of booking amount of a flat constructed by the applicant, a cheque of Rs.3 lakhs dated 10.05.2018 issued in favour of Vinod Kumar Agarwal, who was the father of opposite party no.2, was given by the applicant on behalf of the Company-Anupam Omarion Infrastructure India Private Limited and on presenting the same before the bank on 10.05.2018, same was returned by
Legal heirs can pursue a complaint under Section 138 of the Negotiable Instruments Act after the death of the complainant, as per Section 302 Cr.P.C.
The main legal point established in the judgment is that legal heirs of the deceased complainant can be substituted in his place and can continue the proceeding after his death, and the right to pros....
A power of attorney holder cannot file a complaint under Section 138 N.I. Act in his own name; he must act on behalf of the principal and possess knowledge of the transaction.
The legal provisions of the NI Act create a deeming offence for dishonour of cheques and establish a presumption of debt or liability upon the holder of the cheque, with a reverse onus cast on the ac....
Issuance of summons without conducting inquiry under Section 202 of the Cr.P.C. is impermissible, making the cognizance under Section 138 of the N.I. Act unsustainable.
(1) Dishonour of cheque – When, complainant/payee is a company, an authorized employee can represent company.(2) Dishonour of cheque – Dismissal of a complaint at threshold by Magistrate on question ....
The main legal point established in the judgment is that a complaint filed by a company under Section 138 of the Negotiable Instruments Act must be in the name of the company and can be represented b....
The main legal point established in the judgment is the requirement for the complaint to be in the name of the payee and the authorization of the person representing the company in proceedings under ....
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