Negotiable insrtument act
Manohar N. Rajput
(Querist) 17 August 2011
This query is : Resolved
What will be the effect on case if complainant died during the pending of the complaint
M.Sheik Mohammed Ali
(Expert) 17 August 2011
if deceased person having legal heirs than their have rights to claim, note : depends upon the fact.
prabhakar singh
(Expert) 17 August 2011
LRS may continue with info of death to court
ajay sethi
(Expert) 17 August 2011
i agree with Mr prabhakar singh
Section 138 - Death of complainant - Proceedings do not ipso facto terminate or abate - Magistrate can allow substitution if satisfied from surrounding circumstances and materials on record that such permission should give given - son allowed to be substituted as complainant. (S.Reddappa Vs M.Vijaya) 1997(1) CIVIL COURT CASES 248 (Kant.) : 1997 (4) ALL INDIA CRIMINAL LR (KARNATAKA) 0160 : 1998 (2) BANKING CASES 0609 : 1997 (2) CRIMES 0272 : 1997 (1) CCR 0631
ajay sethi
(Expert) 17 August 2011
Section 138 - Dishonour of cheque - Death of complainant - Son of complainant who is successor to the business must be deemed to be "holder in due course". (Ajay Kumar Agarwal & Anr. Vs State of Jharkhand & Anr.) 2003(2) CRIMINAL COURT CASES 600 (Jharkhand)
Section 138 - Revision against conviction - Death of complainant during pendency of revision - L.R's allowed to be brought on record as financial benefit has accrued by order of conviction. (Mohinder Dutt Sharma Vs Bhagat Ram) 2002(2) CIVIL COURT CASES 280 (H.P.) = 2002(2) CRIMINAL COURT CASES 297 (H.P.)
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 August 2011
Well these case laws are are not specific to NI 138., any case law for NI 138.
Since it is a summons case section 256 CRPC will be applicable and case will be dismissed.
Ravikant Soni
(Expert) 17 August 2011
And I want to ask what will happen if complainant went in COMA???? Still evidence of complainant is pending in the matter!!!
Dr Anil Kumar Singh
(Expert) 17 August 2011
If it is an complaint case legal heirs have every right to get substituted for their deceased father and recover money.
Rajarshi Bhowmik
(Expert) 17 August 2011
I think the golden law and its object is that if you had done sum wrong you must pay for the same. such as in a cognizable offense their is no need of a complain of the victim to start a case their are decisions that even if the victim is not examined or even declare hostile and if by the other evidences prosecution has able to bring home his case conviction is to be awarded. Now as offenses under NI acts are a non cog one I might be criticized for my this post. But my post is just to en-lite the object of criminal justice As the rule stands. Regarding the first posting I can say Mr Ajay have opined absolutely correct. Now in reply to Ravi kant's post I would like to say It is an option open for the court yo adjoin the case unless and until (of course not beyond reasonable time) the the complainant passes away or gets fit for his Examination. For details please visit www.rajarshibhowmik.webs.com
Guest
(Expert) 22 August 2011
The question was about the NI Act, as a whole, But, some of the replies to the question have been restricted only to a single section 138 of NI Act. Needless to mention, several types of negotiable instruments are included in the NI Act and also refers to several matters pertaining to them.
So, it would be nice on the part of the author, Shri Manohar N. Rajput, if he clarifies whether his query was limited only up to the matter of cheque dishonor, or something else?
However, I endorse the views of S/Shri Sheik Mohammed, Prabhakar Singh and Dr. Anil Kumar Singh.
Guest
(Expert) 22 August 2011
Dear Ravi kant,
Your question is quite interesting. But, coma cannot be treated as a legal death. Legal death is a legal pronouncement by a qualified person that further medical care is not appropriate and that a patient should be considered dead under the law. The specific criteria used to pronounce legal death are variable and often depend on certain circumstances in order to pronounce a person legally dead.
A person in coma is considered as a case of brain death only, not bodily death, as all other organs, except brain, functions properly and are well nourished by normal blood circulation and breathing continues. So, there is a difference between brain death and clinical death. Clinical death is the medical term for cessation of blood circulation and breathing, the two necessary criteria to sustain life. It occurs when the heart stops beating in a regular rhythm, a condition called cardiac arrest. The term is also sometimes used in resuscitation research.
Legal glossary issued by the Ministry of Law, Justice and Company Affairs, defines "Death", as the act or fact of dying; the final cessation of vital functions of an animal or plant.
So, according to Indian Law, it seems clear that until the person dies clinically, he cannot be treated as dead.
However, if the specialist medical practitioners consider the case of coma, as an irreverible brain death, Supreme court can give its ruling by considering the brain death as a case of death of the plaintiff on specific petition and allow the hiers to pursue the case further in the absence of the plaintiff on account of being in coma.
Advocate Bhartesh goyal
(Expert) 17 August 2011
