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Who is liable to pay the amount of decrease person involved in court c
24-Aug-2023 (In Criminal Law)
My aunt's son died due to suicide . In his name there are two false cases are filled under section 406/420 . And the claim amount is 14 lac. He didn't own any asset . So my question is can court cancel the case ? Or his family mambers have to pay the alleged amount.. they have no source of income
Hi
The ultimate object of the criminal proceedings is to punish the accused on his conviction of any offence. Therefore, the criminal proceedings abate on the death of the accused, as their continuance thereafter will be infructuous and meaningless. You need to move an application for abatement.
The ultimate object of the criminal proceedings is to punish the accused on his conviction of any offence. Therefore, the criminal proceedings abate on the death of the accused, as their continuance thereafter will be infructuous and meaningless. You need to move an application for abatement.
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Adv. Abhinav Sharma
Delhi | 500+ Answers
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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
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 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
Hi, the current legal position regarding this issue seems to bend in favour of the proposition that if the sole accused in a criminal case dies before trial then the case is abated.
Please feel free to contact me for further assistance.
Please feel free to contact me for further assistance.
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Adv. Kunal Srivastava
Delhi | 100+ Answers
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death of accused during trial in 138 ni act
What happens when accused dies during trial
Abatement of proceedings CrPC section
Is legal heirs liable for cheque of drawer
Death of accused during trial CrPC
Substitution of legal heir of complainant in 138 Negotiable instrument Act
Accused died during appeal
138 NI Act latest judgements in favour of accused
Criminal proceedings are not recovery proceedings. Unless, the property is such that it is liable/or was seized u/s 102 CrPC by the police or attached by court during the investigation/trial, the property owned by the deceased is generally immune to any interference. Moreover, upon the death of accused, criminal proceedings abate. The claim of the other party cannot be sustained in criminal proceedings against a dead accused. The other party will have the right to institute suit for recovery within limitation period.
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Adv. Aditya Vikram
Delhi | 100+ Answers
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