Madras High Court
M.Veni vs B.Muthusamy on 1 November, 2021
Crl.O.P.Nos.1967, 1972, 1973, 1978, 1980 & 1985 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2021
CORAM
THE HON'BLE Ms. JUSTICE R.N.MANJULA
Crl.O.P.Nos.1967, 1972, 1973, 1978, 1980 & 1985 of 2019
and
Crl.M.P.Nos.1243, 1247, 1248, 1255, 1260 & 1400 of 2019
In Crl.O.P.No.1967 of 2019:
1.M.Veni
2.M.Mohanapriya
3.M.Diwagar ..Petitioners
Vs.
B.Muthusamy ..Respondent
PRAYER in Crl.O.P.No.1967 of 2019: This Criminal Original Petition is
filed under Section 482 of the Criminal Procedure Code, to call for the records
in C.C.No.1457 of 2018 on the file of Judicial Magistrate No.II, (Fast Track
Court-Magisterial Level), Coimbatore and quash the same.
For Petitioners : Mr.K.Myilsamy
For Respondent : Mr.C.S.Saravanan
..in all Crl.O.Ps.
https://www.mhc.tn.gov.in/judis
1/5
Crl.O.P.Nos.1967, 1972, 1973, 1978, 1980 & 1985 of 2019
COMMON ORDER
These Criminal Original Petitions filed under Section 482 Cr.P.C,
to call for the records in C.C.Nos.1457, 1458, 1456, 1459, 1460 & 1455 of
2018 on the file of Judicial Magistrate No.II, (Fast Track Court-Magisterial
Level), Coimbatore and quash the same.
2. The petitioners are the legal heirs of one Murugesh. The first
petitioner is the wife of late Murugesh and the second and third petitioners are
his son and daughter. The respondent has filed a private complainant against
these petitioners in their capacity as the legal heirs of the deceased Murugesh,
by whom the respective cheques involved in these cases have been executed. It
is alleged by the respondent that when the cheques drawn and issued by the
late Murugesh, were presented for encashment, they were returned due to “no
sufficient funds”. Since Late Murugesh had committed suicide on 04.03.2018
his wife and children who are the petitioners herein have been impleaded as
accused in all the above six criminal complaints filed by the respondents
before the Jurisdiction Court for taking criminal action under Section 138
N.I.Act.
https://www.mhc.tn.gov.in/judis
2/5
Crl.O.P.Nos.1967, 1972, 1973, 1978, 1980 & 1985 of 2019
3. The learned counsel for the petitioners submitted that if the drawer of
the cheque dies subsequently, the criminal liability under Section 138 of
N.I.Act, goes with him and gets abated. No criminal liability can be fastened
on the legal heirs of the deceased by way of filing criminal complaints under
Section 138 N.I.Act. In support of his contentions, he cited the decisions
reported in 2000 (1) R.C.R.(Criminal) 129; Bupinder Lima vs. State of
Andhra Pradesh; and 2003 (4) R.C.R. (Criminal) 792; Smt.Girija vs.
K.Vinay;
4. In the above judgements, it is held that wherever, the Special Act
lacks any specific provision, the provisions of Cr.P.C. have to be pressed into
service. Negotiable Instruments Act, does not have any specific provision
which speaks about the impact of the proceedings under Section 138 N.I.Act
on the death of the executor of the cheque. Since the criminal liability for
dishonour cheque arise out of a personal action done by the accused, the case
will get abated on his death. No doubt, the respondent is at liberty to file Civil
Suit for recovery of money due to the respondent against the petitioners and
seek a decree for recovering the same from the assets of the deceased inherited
https://www.mhc.tn.gov.in/judis
3/5
Crl.O.P.Nos.1967, 1972, 1973, 1978, 1980 & 1985 of 2019
by his legal heirs. But so far as the criminal liability is concerned, as per the
law laid down in many judgments, the liability of the accused gets abated and
no criminal proceedings can be taken against the legal heirs of the deceased.
5. In view of the same, the proceedings in C.C.No.1457 of 2018 on the
file of Judicial Magistrate No.II, (Fast Track Court-Magisterial Level),
Coimbatore, is quashed and accordingly, the Crl.O.P.Nos.1967, 1972, 1973,
1978, 1980 & 1985 of 2019 are dismissed as not maintainable. Consequently,
connected miscellaneous petitions are closed.
01.11.2021
Speaking/Non-speaking
Index : Yes/No
Pns
To
Judicial Magistrate No.II,
(Fast Track Court-Magisterial Level),
Coimbatore.
https://www.mhc.tn.gov.in/judis
4/5
Crl.O.P.Nos.1967, 1972, 1973, 1978, 1980 & 1985 of 2019
R.N.MANJULA,J.
Pns
Crl.O.P.Nos.1967, 1972, 1973, 1978, 1980 & 1985 of 2019
and
Crl.M.P.Nos.1243, 1247, 1248, 1255, 1260 & 1400 of 2019
01.11.2021
https://www.mhc.tn.gov.in/judis
