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Issues:
1. Maintainability of the complaint under Section 138 of the Negotiable Instruments Act after the death of the payee. 2. Interpretation of legal rights of the legal heir of the deceased payee in filing a complaint under Section 138 of the NI Act. 3. Consideration of legal principles regarding the status of legal heirs stepping into the shoes of the deceased payee in cases of dishonored cheques. Analysis: 1. The case involved a Criminal Revision Petition against the order passed by the Sessions Judge, which dismissed a complaint filed under Section 138 of the Negotiable Instruments Act. The complaint was filed by the wife of the deceased payee after the cheque issued by the accused was dishonored. The accused contended that the criminal action could not be initiated after the death of the payee. 2. The revision petitioner argued that the complaint was maintainable as the complainant, being the wife of the deceased payee, had the legal right to file the complaint under Section 138. The petitioner relied on legal precedents supporting the rights of legal heirs to pursue such cases even after the death of the payee. 3. On the other hand, the respondent contended that the complaint was not maintainable after the death of the payee and cited a legal decision to support this argument. The respondent emphasized that the legal action under Section 138 ceases upon the death of the payee and distinguished the cases cited by the petitioner. 4. The Court analyzed the arguments presented by both parties and reviewed the facts of the case. It noted that the complainant, as the legal heir of the deceased payee, had presented the dishonored cheque and initiated legal proceedings. The Court deliberated on the legal implications of the complainant's status as a legal heir in pursuing the case under Section 138. 5. Referring to legal precedents and statutory provisions of the Negotiable Instruments Act, the Court concluded that the legal heir of the deceased payee could be considered as stepping into the shoes of the payee for practical purposes. The Court emphasized the importance of proving legal representation in such cases when disputed by the accused. 6. Based on the analysis of the case, legal principles, and settled law, the Court held that the complaint filed by the legal heir before the Magistrate was in accordance with the law. The Court found that the Sessions Judge had not considered the facts in light of established legal principles and therefore set aside the impugned order, restoring the complaint for further proceedings. 7. In the final judgment, the Court allowed the petition, setting aside the order of the Sessions Judge and directing the Magistrate to proceed with the case in accordance with the law. The decision clarified the legal standing of legal heirs in cases involving dishonored cheques and emphasized the importance of adhering to statutory provisions and legal principles in such matters.
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