quesCan daughters be the respondents in 138 case if father died

My father had given a cheque of RS 5 lacs to a private financer, it was dishonoured in 2011, after that the financer filed a 138 case against my father. In the meantime in 2013 the financer filed a civil suit against my father, knowing that my father was hospitalised, then my father expired on 2013, the financer has made me n my sister legal respondents in the civil case, is it possible in Indian law to make us legal respondents in the case, whereas the 138 case was undecided at the time of my father's death and was closed permanently because of it.

  • ansGreetings,
    In this case a person cannot be held liable for the criminal act done by another person where as there is a procedure in civil cases where a person dies his/her legal heirs can be brought on record by the plaintiffs.

    Advocate Pankaj Kandhari

      Fort, Mumbai

  • ansDear client if u have received summons from civil court then u have to appear in court and have to contest the case. U have to tell the court that u daughters r not responsible for the debates of father. Also tell the court first he has file case under sec 138 of n i act. For any legal help call me

    Adv prasad patil


    Advocate Prasad Patil

      Pimple Saudagar, Pune

  • ansDear sir,

    Case under section 138 is criminal in nature and cause of action does not survive in criminal case. whereas in civil case, legal representative will be responsible to the debts of deceased to the extent of inherited assets. if you are impleaded as party you have contest and you have inherited any property, those will be liable for attachment in execution.

    Advocate Sunil Kadam

      Fort, Mumbai

  • Send a legal notice for cheque bounce @ Rs. 1999/- only

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