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liability of son in cheque bounce case against father after his death
11-Sep-2023 (In Cheque Bounce Law)
my father had given a blank cheaque to one of his friend and he had field a case against him stating that he is payable 10lac amount to him and my father died in 2015 and case was field in 2009 can my dad friend recover amount from his son as his son was not aware of his dad business can you guide on this please
Dear Madam,
The complainant can not recover the amount and can not prosecute the legal heirs of the deceased under the N.I act.
Therefore, the legal heirs can not be respnsible for the same
Further, compalainant has a right to file civil case for suit of recovery against the legal heirs of the deceased.
Regards,
Pranav Abhyankar
The complainant can not recover the amount and can not prosecute the legal heirs of the deceased under the N.I act.
Therefore, the legal heirs can not be respnsible for the same
Further, compalainant has a right to file civil case for suit of recovery against the legal heirs of the deceased.
Regards,
Pranav Abhyankar
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Adv. Pranav Abhyankar
Pune | 25+ Answers
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What happens if a person dies in a cheque bounce case?
The legal heirs of a complainant who dies while the case is pending under section 138 of NI Act can ask the court to allow them to proceed as a representative. This type of application can be allowed by the Court under section 302 Crpc.
What if the complainant died in criminal case?
The failure to prove it will not result in conviction, nor does the proof of it alone. If the complainant has died before proving it, the testimony of other witnesses or evidence recorded can be used to prove the guilt of the defendant. 16 Dec 2022
Is legal heirs liable for cheque of drawer?
The court has ruled that if the legal heirs of the deceased partner who drew the check die, prosecution against them cannot proceed unless it can be shown they were in charge of... the said provisions. The provisions of Section 256 C.
No, as per law, personal actions die with a person. in cases of cheque bounce if the accused die then the complainant cannot file a case again.st his legal heirs . he can recover it by filing civil case of recovery
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Adv. Uday Madhukarrao Chavan
Pune | 25+ Answers
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138 NI Act latest judgements in favour of accused
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Substitution of legal heirs in Criminal cases if complainant expired
unless until there is any admitted liability of the son towards the loan amount to be repaid by the son to the lender the Son wont be liable to be prosecuted under sec. 138 of Negotiable instrument ACT.
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Adv. Ankit Sharma
Mumbai | 25+ Answers
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From the question that you have asked, it is not clear whether a 138 complaint has been filed by your father's friend or a civil suit is filed for recovery of money.
If it is a 138 complaint, it is in respect of an offence committed by your father. In respect of such complaint, your father's friend cannot proceed against you, since you cannot be punished for the offence
If it is a civil suit and your father's friend gets a decree in his favour, he may proceed against the properties that you have inherited from your father.
If it is a 138 complaint, it is in respect of an offence committed by your father. In respect of such complaint, your father's friend cannot proceed against you, since you cannot be punished for the offence
If it is a civil suit and your father's friend gets a decree in his favour, he may proceed against the properties that you have inherited from your father.
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The criminal case filed against the accused is closed upon his death. You can sue the legal heir of an accused who owned immovable property to recover money paid. You can give a notice to pay within 15 days, and then bring a civil court suit for recovery.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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