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Results of death of complainant ni act 138

Showing : 1-10 of 17 Results

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302 -- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C...........

MADHYA PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of payee - Complaint filed by his son - Non mention in complaint (1) as to when payee died; (2) Except in title nowhere stated by complainant how is entitled for the cheque amount; (3) Who are the legal representatives of deceased; (4) Whether prior to death any Will was executed by deceased or..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Death of complainant - An application filed to bring on record L.R's - Application not pressed despite numerous hearings - None represented the complainant on 14 dates - Accused attended Court for not less than 20 occasions after the death of the..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint signed and verified by power of attorney holder - It is a defective complaint as complaint must be signed by the complainant - However, it is a curable defect - Death of complainant before curing said defect - Power of attorney holder sought leave of Court to prosecute the complaint on her..........

MADRAS HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Death of complainant during pendency of complaint - Son came forward to continue the proceedings - He is competent to conduct the proceedings initiated by the deceased father - Dismissal of petition on death of complainant set aside and son allowed to continue..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of complainant - Son of deceased is entitled to continue the proceedings...........

BOMBAY HIGH COURT

Year of decision: 2005
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 495 -- Dishonour of cheque - Death of complainant during pendency of appeal against acquittal - Brother of complainant allowed to pursue appeal...........

KERALA HIGH COURT

Year of decision: 2003
Details

Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death during pendency of proceedings - Not necessary that legal heirs or legal representatives only can continue the proceedings - A fit and proper person can be permitted to prosecute the petition...........

KERALA HIGH COURT

Year of decision: 2003
Details

Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death during pendency of proceedings - Sister - Can be allowed to continue the proceedings when legal heirs do not chose to come on record to prosecute the petition...........

JHARKHAND HIGH COURT

Year of decision: 2003
Details

Criminal Procedure Code, 1973, Section 256, Indian Penal Code, 1860, Section 420, 468, Negotiable Instruments Act, 1881, Section 138 -- Death of complainant - Cognizance of offence u/ss 420, 468 IPC and S.138 NI Act - Death of complainant does not ipso facto terminate the criminal proceedings more so when the son of complainant has stepped in and wanted to continue with..........

Showing : 1-10 of 17 Results