Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Cheque bounce criminal case complainant expired

(Querist) 02 June 2023 This query is : Resolved 
Dear Experts,

My father passed away on April 2023 where he is a complainant in a Criminal Case for cheque bounce. As a legal heir, If I want to proceed the case further with my lawyer (say Mr.X), Should I get NOC from my Father's lawyer (Say Mr.Y) ? or If I want to continue the case with the existing lawyer Mr.Y, Am I need to sign POA / Vakkalat once again ?

kavksatyanarayana (Expert) 02 June 2023
Proceed with the same lawyer by giving a vakalat if necessary.
Advocate Bhartesh goyal (Expert) 02 June 2023
Complaint under sec 138 of N.I.A does not abate on death of complainant legal heirs of complainant can continue the cheque bounce case after the demise of complainant .You can engage new lawyer or continue with your father's lawyer but you have to sign and give vakalatnama to your lawyer .

Dr. J C Vashista (Expert) 03 June 2023
LRs of deceased complainant may be substituted and may continue with same lawyer by executing fresh Vakalatnama by such LRs.
Sudhir Kumar, Advocate Online (Expert) 03 June 2023
what your lawyer said.
T. Kalaiselvan, Advocate (Expert) 03 June 2023
All the legal heirs are to be brought on record to replace the deceased complainant and to continue the case.
With fresh vakalatnama you can continue with the same lawyer or a different lawyer.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now