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Section-138/142 negotiable instrument act
29-Dec-2023 (In Cheque Bounce Law)
As my husband gives his cheque of his account.And that time my husband signed and issued a cheque in favour of complainant, hence he admitted his legal liability towards the complainant along with that I put my thumb impression and signature.Now my husband is no more. Is there any liability I incurred towards the complainant?
In this regard, I first want to clarify as to where do you put your signature and thumb impression. Which document is that ? Further, criminal liability always abates with the death of the accused person. It is further pertinent to mention that the drawer of the cheque was your husband who now has died and therefore his criminal liability cannot devolve on you. But if you have appended your signature on some promissory note then you can be held liable in a Recovery suit under order 37 cpc. For further clarification, please contact.
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Adv. Ujjwal Jain
Delhi | 200+ Answers
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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
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.
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.
Yes ,
you incurred a legal liability against the complainant as you are the legal heir of your husband.
You have to pay the cheque amount to him.
You have also put the thumb impression of yours. (Its not cleared is that a joined account of you and your husband ) as you have put your thumb impressions on the issued cheque.
you incurred a legal liability against the complainant as you are the legal heir of your husband.
You have to pay the cheque amount to him.
You have also put the thumb impression of yours. (Its not cleared is that a joined account of you and your husband ) as you have put your thumb impressions on the issued cheque.
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
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138 NI Act latest judgements in favour of accused
Substitution of legal heirs in Criminal cases if complainant expired
Accused died during appeal
Recovery of fine or compensation on death of accused
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