Check bounce case

Criminal liability is personal. There is no vicarious liability. In this case, the liability is of the person who had signed the cheque or the person from whose account the cheque was issued and dishonoured. He is liable to face punishment. If he is dead, the criminal case for dishonour of the cheque gets abated.

Moreover, for an offence under Section 138 of the N.I. Act, clause (c) of the Proviso to this section requires that the drawer of such cheque must have failed to make the payment of the said amount of money to the payee of the cheque within fifteen days of the receipt of the said notice. Since the drawer of the cheque is no more alive, this requirement of law is not satisfied and it can be said that the offence is not made out in the first instance or a cause of action does not arise in terms of Section 142 of the said Act to initiate criminal proceedings. 

In any case, even if it be presumed that an offence is made out and cause of action has arisen, the offence has abated due to the death of the person who issued the cheque.