Abhijeet Jairaj Pathrikar vs The State Of Maharashtra And Another
Judges (1)
Counsel (3)
Case Significance
Abhijeet Jairaj Pathrikar vs The State Of Maharashtra And Another is a Bombay High Court decision dated November 29, 2024 (citation: ik-160631534). The petitioner, a legal heir of the original complainant, challenged the revisional court's order quashing the issuance of process in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The key issue was whether legal heirs could prosecute under Section 142 NI Act without a succession certificate. The court allowed the petition, holding that legal heirs step into the shoes of the holder of a cheque in due course by operation of law and are entitled to prosecute, resto The case was heard by Justice Y.G. Khobragade. Counsel appearing: S. B. Narwade (counsel for respondent), S. S. Thombre (counsel for respondent), Y. R. Barhate (counsel for petitioner).
Summary
The petitioner, a legal heir of the original complainant, challenged the revisional court's order quashing the issuance of process in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The key issue was whether legal heirs could prosecute under Section 142 NI Act without a succession certificate. The court allowed the petition, holding that legal heirs step into the shoes of the holder of a cheque in due course by operation of law and are entitled to prosecute, restoring the order of issuance of process.
What was the outcome of Abhijeet Jairaj Pathrikar vs The State Of Maharashtra And Another?
The petitioner, a legal heir of the original complainant, challenged the revisional court's order quashing the issuance of process in a cheque dishonour case under Section 138 of the Negotiable Instru...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-160631534)