672+ Lawyers are online 
Recovery of amount bounced cheque after death of accused
05-Mar-2023 (In Cheque Bounce Law)
Is possible recovery of amount as mentioned in bounced cheque after death of accused person if proceeding is pending in the court or in case of surrender also?
Only the Civil remedy is left ie the suit for recovery from legal heirs of the accused which should be filed with in specific time frame ie three years from the date of transaction or if any other date is specified otherwise better to forget because these suits pertaining to recoveries are highly technical.
Helpful?
200+
200+
Adv. Rakesh Kumar Mankotia
Jawali | 25+ Answers
CONTACT NOW
What happens if an accused dies during trial?
Legislative wisdom and logic are infused into the policy of the State as it is enacted by statutes that provide for the abatement of all appeals upon the death of an accused. The death of an accused person should end criminal proceedings. This is pure legislative policy. 22-Aug-2022
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 available on record can be used to prove the guilt of the defendant. 16-Dec-2022
What is the Supreme Court landmark Judgement on 138 NI Act?
Premchand Vijay Kumar v.
The Apex Court held in this case that, after a notice was issued under section 138 (Negotiable Instruments Act), a subsequent cheque presentation and its dishonor would not constitute a new cause of action which could trigger the section 138 mechanism.
Are legal heirs liable in cheque bounce case?
The Karnataka High Court ruled that the son, as the legal representative of the deceased father is responsible for the discharge of his liability under the Negotiable Instruments Act. 11-Jan-2023
summary suit can be filed against the Legal Representatives of the deceased. Complaint under section 138 of NI act is not maintainable, and the only remedy left is civil suit. summery suit is best remedy because it is very speedy.
Helpful?
62+
62+
Adv. Rajesh Kumar Parmar
Shimla | 25+ Answers
CONTACT NOW
you can not recover the cheque amount by filling criminal complaint Under section 138 of NI act because criminal lability can not be sift to another person. But you can file a Recovery suit for the money mentioned in cheque from legal heir of person who issue cheque. You can use cheque as a documentary evidence.
Helpful?
59+
59+
Adv. Kirti Thakur
Mandi | 25+ Answers
CONTACT NOW
State of Rajasthan where it was held that: Negotiable Instruments act, 1881, sections 138 and 141, Dishonouring of Cheque - Offence committed by Firm - Accused passed away during proceedings - Legal heirs cannot be prosecuted without proving they were responsible for the affairs of the firm.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
