Ni act 138 /06/03/2015

138 case, case filed. 2006,complaint expired due to illness in the year 2011. After filling complaint..complainant never appeared court until his life.But his council appearing. In the year 2015 Feb. Their council filling subtution petition instead his father. Lr prepared in the year 2011. After four years can legal heir can substitute to conduct in 138 case. That too father death certificate, lr authorised by her expired person wife and another daughter.in this same lr no sign for subtution daughter , simply they mentioned her name n authorised to conduct the case. No legal heir certificate submitted. More over no proof to verify all of the signed person... How can take defence . any defence pettion to be filled before trail..... In this regard any judgement is available after 4 year can not file legal heir to conduct 138 case. .As per section 138 no act any limitation to substitute legal heir. After complained party expiry...