realize fine

Rujitha T.R. (Querist) 26 June 2009 This query is : Resolved
An accused is convicted with fine by the lower court u/s138 of NI Act, and he filed revision in hjgh court against the decision.Mean While the accused died.Is there any provision to realize fine from his property or any precedent cases?

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PARTHA P BORBORA (Expert) 26 June 2009
no u can not. it is a criminal case on private complain. the trial must stop as the accused passedv away. it is possible in case of a civil case only.

Kiran Kumar (Expert) 26 June 2009
Revision is a continuation of the proceedings, his conviction must have been stayed by the high court.

fine is also part of the punishment, with the death of the accused u can not punish third person.

so in my opinion no recoveries like that.

Uma parameswaran (Expert) 26 June 2009
Death of the accused during the pending of the criminal case extinguishes his obligation to serve imprisonment and liability of fine .

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