Regarding lrs
darshan singh
(Querist) 02 March 2012
This query is : Resolved
Dear experts my case is pending in a MM court in delhi in the trial of 138NI Act my case is at the stage of SA but the accused is in hospital and is in very serious condition my client is doutful regarding the servival of accused threfore I want to know whether there is any provision to implead the LRs of accused in the present case or any other remedy to recover the amount involved in the matter.
ajay sethi
(Expert) 02 March 2012
accused is still alive . in many cases patients have had a miraculous recovery .
court will in meantime adjourn the case .
if amount involved is large file civil suit for recovery . on detah of accused in civil case you can bring legal heirs on record
Raj Kumar Makkad
(Expert) 02 March 2012
In criminal cases, LRs can never be impleaded or substituted as accused but I suggest you to file a civil suit for recovery simultaneously and in the event of the death of accused person, his legal heirs can be got impleaded in that case.
Raja
(Expert) 03 March 2012
wait a few more days and just check whether he recovered ? how long he will be in bed ? max one or two date ! lets see first !!!
then too you have so many choice......
V R SHROFF
(Expert) 03 March 2012
Simultaneously file Civil suit. Later you may bring LR on record adding as add party to suit.
Shantilal Pandya
(Expert) 03 March 2012
Please bear in mind that the criminal case u/s 138 of N.I.Act is not meant for recovery of amount. it is a case for misuse of banking system also and is in public interest , the accused may or may not surive but you are advised to file civil suit, you should not further waste time for limitation period ,hope that the accused will survive and you will be able to recover the amount may turned out to be hollow, because also the criminal case can be prolonged for still more time and also who knows the judgment in the case ?
it might be against you and by the time you may have exhausted your time for filing suit for recovery of the cheque amount . the limitation period for filing suit in such a case is three years from the date of date on cheque, in case of civil suit , you may be able to join heirs of the defendant if need be
Deepak Nair
(Expert) 03 March 2012
IN criminal proceedings, legal representateives cannot be impleaded.
Go for recovery suit as advised above by the learned experts.
prabhakar singh
(Expert) 03 March 2012
An offence associates in personam with the accused hence his heirs are not liable to be punished for an offence committed by the accused.Hence in any criminal trial,may be offence under 138 N I Act,no substitution of LRS would be allowed.
It would be proper to file a civil suit of realization of money due,where on the death of the debtor accused LRS could be substituted in his place but there also liability would only fall on properties left by the debtor and not on self acquired properties of the LRS.
Shonee Kapoor
(Expert) 05 March 2012
I have the same opinion as other experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
