138 N.I.Act

V.G.Rao Advocate (Querist) 14 February 2009 This query is : Resolved
Hi all,
I am a complainant side advocate in 138 NI act case filed by me, I have examined complainant as pw-1, and subsequently he was cross examined by counsel for accused,now the matter is coming up for complainants side further evidence, while matter stood thus, the complainant died leaving behind his wife and two children who are still minors, now my question is whether his legal heirs can continue his case filed under sec 138 NI act, if yes under what provision of law i can seek leave of the court to bring LR's of complainants side on record, provide me information citing any case laws in support of my case.

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ARVIND JAIN (Expert) 14 February 2009
YES LEGAL CAN PERSUE THE MATTER PL SEE SEC 256 CR.P.C.

Jithendra.H.J (Expert) 14 February 2009
if the complaint dies, the proceddings does not ipso facto get abeted

plz refer
1) ILR 2001 Kar 5401

2) 2002 (1) Crimes 291 (Kar)-DB

M. PIRAVI PERUMAL (Expert) 14 February 2009
I agree with the view of my learned friends.

Ravi Arora (Expert) 14 February 2009
i do agree with the views of my ld. brothers

AEJAZ AHMED (Expert) 15 February 2009
http://www.lawyersclubindia.com/forum/message_display.asp?group_id=3505

K.C.Suresh (Expert) 16 February 2009
Legal heirs can continue. Jithendra tracked the line.

sanjeev murthy desai (Expert) 16 February 2009
yes i agree with all my learned friends

RAKHI BUDHIRAJA ADVOCATE (Expert) 16 February 2009
Yes, I do agree with my all ld. friends.

PALNITKAR V.V. (Expert) 16 February 2009
I also agree. The rulings are really of great importance.

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