section 138 of N.I.Act
pkm
(Querist) 04 April 2011
This query is : Resolved
Can on a death of a complainant in N.I.act any person other than relative(direct or indirect) of the complainant can apply to court to substitute himself against complainant because there is no legal heirs of the complainant.
If any case law is there for substitution of legal heirs only kindly quote.
pkm
R.Ramachandran
(Expert) 04 April 2011
Only the legal heirs of the complainant can get themselves substituted in place of the original complainant. No one else can get that.
Arvind Singh Chauhan
(Expert) 04 April 2011
I would want to know from learned members whether Sec 256 (1)proviso and (2)Cr.P.C. may be applied here or not.
Guest
(Expert) 05 April 2011
Dear Arvind,
Your supplemetary query seems to be valid to some extent.
Although as per the provisions of sub sec. (2) of sec.256 of CrPC, read with proviso to sub-sec. (1) of the aforesaid section, the advocate of the deceased client can appear on behalf of his behalf, but in my opinion, if the client does not have any legal hier to pursue the case and to maintain the relation with the lawyer, the advocate would also cease to have any connection with the case due to the hierarchy of his client having ended. But, if the complanant leaves any hier behind him, he would have the right to continue with the proceedings of the case.
However, in view of the provisions of sec.256(2) read with proviso below sub-sec (1) below sec 256 of CrPc, ruling of the competent court or the Ministry of law would only be valid in such cases, where the complanant does not leave any hier behind him.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 April 2011
The criminal offense is against a person so after the death the case will subside.
Only in case of un natural persons such as company ,above provisions will apply.
Sarvesh Kumar Sharma Advocate
(Expert) 10 April 2011
