kaya (manager) 04 August 2012

2012

i act 138 case filed with magistrate court, in 2006- party complaint died on the year 2011.

for your infirmation . right from the begining complaintant not attended in person, but their advocate

attending each and every hearing. for the last 6 years the case is going on. complaint advocate only

appearing and judge posting the date regularly.

In this case any fefence we can take....their legal heirer not filing any statement through their lawer..

please clarify..

1)whether they can file to conduct the case through their legal heirer

2) any time limit after death of complintant legal heirer to proceed the case.

3) any chance to interupt the accused to take defence.

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3 Replies

jatin aggarwal1987 (legal officer) 04 August 2012

in case of 138 nia cases complainant as well as the accused must present on every date only in some exceptional cases one or two dates exemption may be allowed by the court.

one more thing which is depend on the discretion of the court ie., permanent exemption. whether the accused has taken parmanent exemption from the court.

you may claim your sum from the estate of the deceased accused now which is in the possession of the LAR's of the Deceased.

jatin aggarwal1987 (legal officer) 04 August 2012

1. yes, complainant's LR's can further proceed the claim.

2. 3 years when come to the knowledge of the LR's regarding this claim. after this time they may also give condonation application for condoned the time on some specific grounds.

3. in such case u have to pay sum. because cheque is admitted and LR's have no need to prove except LR's of the deceased and after that case will proceed as the deceased is alive.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 August 2012

DEATH OF THE COMPLAINANT: S. Reddappa v. M. Vijaya (High Court of Karnataka- 1996). It is held in Reddappa's case, supra, that in a proceeding under Section 138 of the Act, the death of the complainant does not ipso facto terminate the criminal proceedings.

Not necessary that legal heirs or legal representatives only can continue the proceedings - A fit and proper person can be permitted to prosecute the petition.