ANIL DAS BAIRAGI Vs. NIDHI JAIN

JUDGEMENT

(1.) The aforesaid petitions under Section 482 of the Cr.P.C. have been preferred by the petitioner seeking quashment of the order dated 24.4.2018 passed by JMFC Bhopal in separate criminal complaint cases registered under section 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as 'the Act') whereby cognizance of the offence punishable under section 138 of the Act has been taken on the complaint filed by the respondents as legal heirs of Narendra Kumar Jain, who was the payee of the cheques in question.

(2.) In all the aforesaid petitions, a common question is involved viz. :-

(3.) The petitioner has placed reliance on the Single Bench judgment of the Bombay High Court in the case of Vishnupant Vs. Kailash, reported in 2010 Cr.L.J. 2166, wherein it is held that the legal representatives of payee can file a complaint after getting succession certificate, letters of administration or probate granted by the Court. In absence thereof, he/she or they would be entitled to give full discharge and indemnity to the drawer of the cheque as required under section 82 of the Act and sections 211 , 273 and 381 of the Indian Succession Act. Unless he can give such indemnity it cannot be said that he/she/they has/have authority to issue notice and non-payment of amount mentioned in the notice within 15 days as required under section 138 of the Act.