Upgrad LLM

cheque bounce case filed and accused died after


I have filed s.138 case in 2007 and accused died in 2009, what are legal option available to me, please guide

 
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MSME.RTI BANK RECVOREY Adviser

hi, u can make the party accused  familyer in this matter.

 
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advocate

No criminal action can be taken against accused's legal heir, but you may file suit for recovery of money against the legal heirs. Please don't let it be time barred.


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Lawyer

if the accused has died then the complaint also goes...u can not held other family members liable for the criminal act (if any) committed by the deceased.

 

u ve an option to file recovery suit but u ll ve to set out a proper case for this purpose.

 
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Legal Consultant / Solicitor

criminal liability goes with the person. One cannot shift criminal liability on the Legal Heirs.

Suing the heirs is possible only in Civil cases and that too CPC restricts claim as to the amount inherited by the Heir

 
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practicing advocate

You dont have any other option.  If debt is not time barred then file a suit for recovery of money on the legal heirs of the deceased.  Cause of action arised to file a civil suit from the date of issuance of cheque.

 
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Criminal Lawyer

138n.i. act is a criminal proceeding and not civil . In any of the criminal proceeding only  person who commited the offence,will get punished and not his legal heirs . So with the death of the accused, the case of 138n.i.act is over .

However,you can go to the civil suit for the recovery of the amount from his legal heirs and for that take advise from any civil matters expert which unfotunatly not I am .

 
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ha21@rediffmail.com Mumbai : 9820174108

1.  In Neeta Bhalla case judgement, the SC has held that there must be  "SPECIFIC"  averment against the "SPECIFIC"  accused for the offence under the N.I.Act, to fix Vicarious liability.  AND vicarious liability is not deemed or presumed and has to be substaintiated against the "SPECIFIC"  accused and NOT ANY OTHER PERSON,  INCLUDING FRIENDS, RELATIONS, LEGAL HEIRS OR WHO-SO-EVER.


2.  No averment = No allegation = No trial under the N.I.Act
However in the case of complaints against Corporates,  the deceased accused chairman / mg.director / in-charge person may be substituted by a  "duly appointed"  "legal representative" of the company for representation in the Courts,   SINCE CASES AGAINST A COMPANY NEVER GETS ABATED.


3.  IF ABC makes an averment against  XYZ in the complaint application and XYZ expires, the  "SPECIFIC"  averment against the "SPECIFIC"  accused for the offence is MANDATORILY ABATED.  Now the complaintant cannot amend the complaint application to include any other name (including legal heirs or who-so-ever)


4.  IF such transfer of criminal cases / charges / allegations were transferable, THEN a murder charge can also be transferred to the Son if in case the accused father was to expire.


Keep Smiling .... Hemant Agarwal

 
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In case of companies, if the company is closed, will it be treated as death of a person

 
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Advocate

if accused died in crimenal prosending, then crimenal complan also over... u have only one option to recover your money .. you may file suit for recovery  against accused legal heirs. prescribed to Civil Proceser Code..

 
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