138 n.i.act

arastoo irani (Querist) 28 February 2015 This query is : Resolved
Dear all,
In case pertaining 138 Negotiable Instruments act, if complainant dies legal heirs can be brought in in his/her place but why not similar thing for accused if he/she dies legal heirs cannot be brought in to replace accused on similar footing to enable complainant to recover dues only without punishment. Please give your opinions

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Devajyoti Barman (Expert) 28 February 2015
Because the legal heirs of the accused does not incur any liability to the unsecured loan the accused may have taken.

Anirudh (Expert) 28 February 2015
The answer is quite simple.
Suppose, "A" commits a murder and is being tried as an accused. If Ä dies during the course of trial, can his legal heir be tried for Murder?

The obvious answer is "NO".

This is on the principle that only the person who commits an offence can be tried as an accused and not some one else.

Dr J C Vashista (Expert) 01 March 2015
I agree with experts advise.
Very simple logic inter alia, the moment accused died the complaint gets abated since the person (accused) is no more in this world for trial.

malipeddi jaggarao (Expert) 01 March 2015
Well explained by experts.

Rajendra K Goyal (Expert) 01 March 2015
Proceedings u/s 138 NI act being of Criminal nature, legal heirs can not be accused of the misdeed committed by accused.

Guest (Expert) 01 March 2015
Dear Arastoo,

As an advocate, it would be nice, if you can justify as to how an innocent can be punished for and on behalf of offender.

T. Kalaiselvan, Advocate (Expert) 04 March 2015
Very well viewed and addressed by experts, the author may answer the question put forth by expert Mr. Dhingra.

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