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2 lakh-Accused has passed away. I’m his wife joint holder in account.
16-Jun-2025 (In Cheque Bounce Law)
Cheque has only my husband signature, he passed away in October. Case filed in july 2024. No hearing was attended. The other party issued a notice in my name in also. If i submit my husband’s death certificate, will the case still continues. And do i have personally visit Gurugarm for hearing compulsory? Can I submit documents (death cert) before next hearing? Next hearing is on 26th September 2025.
Since the cheque was signed only by your late husband, and he passed away in October 2024, the cheque bounce case filed in July 2024 cannot legally continue against him after his death. If you were not a joint account holder or signatory, you are not liable under Section 138 NI Act. You can submit his death certificate to the court before the next hearing on 26th September 2025.
You can either engage a lawyer in Gurugram to file the application on your behalf or appear and submit it yourself if you're comfortable doing so.
I can help you draft the application for submission.
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Adv. Chanchal Singh
Mumbai | 100+ Answers
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yes...u have to submit death certificate in court and it is better for you to submit...when court get knowledge about the accused is died then burden will not on you to prove and there are chances the case will dispose if court thinks
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Adv. Imrankhan Pathan
Nanded | 25+ Answers
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Well, if the Court has not served you a Notice in which it is written, that, you have to personally attend, then, your Advocate can attend on your behalf to seek the desired reliefs within a reasonable period of time!
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Yes, if the husband has issued the cheque thn he is only liable, and you can initiate by submitting the death certificate and also with few more documents if required and asked by the court, the advocate can handle the case no need to visit
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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Dear client based on your query, pending substitution formalities, judicial forums may exercise leniency where personal hardship aligns with procedural transparency, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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