Filing Case against dead one,of 138 NI ACT?

Guest (Querist) 20 August 2010 This query is : Resolved
The person who issued me a cheque is dead now,can I file case against his legal heirs or not?
If yes,is there something extra to be done?

Follow Query

Report Abuse

A V Vishal (Expert) 20 August 2010
Your case will not attract 138, so better to file a suit for recovery against the heirs.

adv. rajeev ( rajoo ) (Expert) 20 August 2010
You cannot file case on the LRs of the deceased, better to file suit for recovery of money. If the loan taken by deceased was for the benefit of the family then only LRs will be entitled to repay it, otherwise no. Burden lies on you to prove pious obligation.

M/s. Y-not legal services (Expert) 20 August 2010
First you have to understand the section 138 of N.I act. This section for punish the people who made dishonour of the cheque against the complainant. By that way if the accused died mean you can't implede the legal heirs. Because criminal case proceedings wil end with the concern persons. But you can file a civil suit against the legal heirs. Suit for recovery of money. If you have merits mean you can attach any propertys also before judgement. All the best.

s.subramanian (Expert) 20 August 2010
In so far as criminal offences are concerned the dictum is " cause of action dies with the person". The legal representatives cannot be prosecuted for the offence committed by the deceased. As suggested by Mr.Vishal,go in for a suit for recovery of the dues before a civil court. I would like to point out that the doctrine of pious obligation also been given a go by by the Hindu Succession Amendment Act,2005 which has repealed the provision relating to pious obligation.

V.T.Venkataram (Expert) 20 August 2010
I endorse the views expressed by Mr. S.Subramanian.It will be an herculean task before the Civil Court to establish that the cheque in question was issued for the purpose discharging a liability and to ensure that the amount due is collected from the successors of the deceased.

Previous

Next

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

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries