Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Cheque bounce case filed and accused died after

Page no : 2

Vishwa Bhushan Arya (Service)     12 December 2011

But, in a criminal case, under which provision of Cr P C, the criminal case abates after the death of accused.

B.N.Rajamohamed (advocate / commissioner of oaths)     12 December 2011

Sir,

 

Your case has no options because, in criminal cases a personal action dies with the person himself. You can sue a person if any, has guaranteed for the misdeeds of the deceased litigant. 

shailendra patadia (director)     05 January 2014

what happens when a company is ordered to be wound up by the order of high court in winding up petition will the proceeding against the comany abate on it winding up order

priyan Sharma (Officer)     20 May 2014

After the death of accused criminal proceedings are abated. Civil recovery suit is the only available remedy.

Sudhir Kumar, Advocate (Advocate)     20 May 2014

no other way                   

Hemal ganatra (Proprietor)     10 April 2015

in my opinion if accused being father died and the son is managing the propritorhip business of father then son also should be made party along with father otherwise it will be a mischief rule wherein many elderly senior citizens will become proprietor and bounce cheques  and thus in my opinion when business is propritorsship managed by son or other and signed by propritor son can also be tried for offence  

nov1943   13 June 2018

In my case  bounced cheque is issued by a Director of a Private Limited Company. Complained has been filed under Sec 138 NI act against The Company and also against the Director of the company who signed the on behalf of the Company. Now this Director has died.

1. So can another Director of this Company cab be included in the complaint now at this stage? I yes, what will be the procedure for this

2. If not, will the case still continue against the Company and who will represent the Company in the Court?


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