IN THE ANDHRA PRADESH HIGH COURT 

K. Srinivasa Reddy for the petitioners. 

Public Prosecutor for respondent No. 1. 

Jalli Kanakaiah for respondent No. 2. 

JUDGMENT 

Heard both sides. 

VAMAN RAO J. - This petition under section 482 of the Criminal Procedure Code, 1973 has been filed for quashing the proceedings in C.C. No. 194 of 1999 on the file of the Xth Metropolitan Magistrate, Secunderabad in which the petitioners are sought to be prosecuted for an offence under section 138 of the Negotiable Instruments Act, 1881. 

It appears that one A. V. Lima issued a cheque in favour of the complainant towards payment of some legally enforceable debt in a sum of Rs.70,000. The cheque was presented for realisation by the complainant to his banker. It is said to have been returned on the ground of insufficiency of funds to the credit of the account of the said A. V. Lima. Thereupon, the complainant is said to have issued a notice as required under section 138 of the Negotiable Instruments Act on February 25, 1999, to the said A. V. Lima and to the petitioners herein. The notice was sent to the said A. V. Lima by registered post with acknowledgment due and it was returned on February 27, 1999, with a postal endorsement "party expired returned to the sender". Later, the complainant got it confirmed that the said A. V. Lima was no more, Thereafter, the said complaint has been filed against the petitioners for an offence under section 138 of the Negotiable Instruments Act. 

Learned counsel for the petitioners contends that when the person who is alleged to have committed the offence under
section 138 of the Negotiable Instruments Act has died, the criminal liability abates and the question of his wife and daughters (petitioners herein) being criminally liable for the offence under section 138 of the Negotiable Instruments Act does not arise. 

Learned counsel for respondent No. 2 on the other hand contends, as the petitioners were aware of the issue of the cheque by the late A. V.Lima and as the notices were sent to them also and that they failed to send reply to notices they may also be held liable under section 138 of the Negotiable Instruments Act. 

It is inconceivable that criminal liability can be fastened on the heirs and the legal representatives of the person who is said to have been guilty of the offence in question. I have no doubt in my mind that the petitioners herein cannot be prosecuted for the offence under section 138 of the Negotiable Instruments Act for the alleged failure of the late A. V. Lima in meeting the liability to pay the amount covered by the cheque which was dis-honoured in response to the notice sent by the complainant. 

Under the circumstances, that is a case where the proceedings in C. C. No. 194 of 1999, on the file of the Xth Metropolitan Magistrate, Hyderabad, deserve to be quashed. The petition is, allowed accordingly and the proceedings in C.C. No. 194 of 1999 on the file of the Xth Metropolitan Magistrate, Hyderabad, are quashed. No costs.