Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Composite sentence of fine and imprisonment was imposed on accused - Therefore, appeal shall not abate on the death of accused and Court is bound to decide the appeal on merits after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Leave to appeal sought by wife of accused - Application seeking leave filed after delay of 20 days - Petitioner has offered sufficient explanation of delay - Application for leave to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Application for impleadment of L.R's of deceased accused at the instance of complainant is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Sentence of imprisonment and sentence of compensation - On death of accused appeal abates - However, liberty lies with the L.R's of deceased accused to contest the appeal or not and..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Death of accused - Interim compensation cannot be recovered from estate of deceased accused - However, compensation awarded u/s 138 of the Act can be recovered from the estate of deceased accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused during pendency of appeal filed by complainant against order of acquittal - Appeal abates on death of accused - Application for substitution of L.R's of deceased accused rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Death of accused - Legal heirs or near relatives cannot be impleaded as accused in criminal case, when accused dies unless the statute prescribes so...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused - Criminal liability is not transferred to the descendants or legal heirs of the person who had issued the cheque...........
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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
