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Supreme Court of India 2019-09-19 dismissed

M.ABBAS HAJI (DEAD) THROUGH LRS vs T.N.CHANNAKESHAVA

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

This case involved an appeal against a High Court decision that upheld the conviction of M. Abbas Haji under Section 138 of the Negotiable Instruments Act for dishonoring a cheque of Rs. 5 lakhs issued in 2000. The appellant died during proceedings, and his legal representatives sought to challenge the conviction. The Court held that while legal heirs cannot be held liable for fines or imprisonment, they may challenge the conviction only to prove non-guilt. The Court dismissed the appeal, finding the High Court correctly set aside the acquittal because the accused did not testify to deny signing the cheque, the handwriting expert's opinion was inconclusive, and he failed to substantiate his defense adequately.

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Negotiable Instruments Act Section 138 offence Criminal Procedure Cheque Dishonor Handwriting Expert Evidence Appellate Standards Succession and Heirs

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