Upgrad LLM

when defendant dies before conviction in cheque bounce case


Dear All,

 I had filed a complaint against a person in January 2012 under Sec. 138 since the cheque he had given me had bounced in Dec. 2011. Judgement was passed in January 2015 in my favour awarding me the amount on the bounced cheque plus interest. However the defendant had passed away in November 2014 before the judgement. His wife was the sole legal heir and did not inform the court about her husband's demise until she was forced to do so in June 2015. She had also given surety to her husband twice in court to bail him out when warrants were issued against him when he repeatedly failed to appear for hearings.

However since the judgement was passed on a dead person, what is the legal remedy available to me now? The wife is the sole legal heir since the couple had no children. His property has been passed on to her and I have obtained the documents regarding the same. Since she has given surety to her husband in court, what can be done to claim the due amount from her? Also, if there is any legal remedy available, under what section? Please advice.

 
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Retired employee.

Disuss with your advocate who handled the case, and filed petition before compeletent Court and implead legal heirs.

 
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Dy Director

you can file civil suit on her.  criminal case is gone now.

 
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Bangalore

And roam to court till you die!

 
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Can I file ABJ (Attachment Before Judgement) against her?

 
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Can I get some help from you in this regard?

 
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I am unable to agree with you. Since This is a criminal case. The Judgement has to be filed in presence of accused. How did the Judge Passed the Judgement of conviction in absence of the Accused. Prior to the Judgement there is a stage of Section 313 of Cr.P.C, in which accused needs to be present infront of court and answer the questions. Please discusss with your advocate on these issues.

 
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I agree with the comments of Mr.Vivek Joshi. How you get the judgement victim was absent. In my opinion experts in Law will  help with essay writing  like this issue.

 
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Agreed with Vivek.

 
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