Dishonour of cheque case

dear members thank you for giving me your valuable advices, respected Dr. MPS RAMANI Ph.D.[Tech] notice was given by the complaintant but it was retuned with a statement as " unclaimed " and the same was filed before the court bu the complaintant counsel. since the accused has accepted the debt in court and the same was recorded. i do not know how to procced further

Then ask for the discharge of the accused against the payment. Generally the courts allow the same with little penalty.

 

My mother has filed a criminal case against 'X' U/S138 NI act with 200 CRPC at JM court no 1 in Trichy. The case is summons stage now. In mean my mother has expired. Myself and my brothers are legal hires to her. Can we prosecute the case against the such X. Can law permitted for that. Any one of us taking power to proceed the case. Please guide us. What are the provision and steps available in NI act.

Dear Sripartha

Advocate Sridher is right. good advise.

Dear Sripartha

Deposit a D.D. of said amount  in said case file with permission of court. court may imposed a sufficient fine to accused & discharge him.

Once you admitted the debt payment will not absolve with convication.

JUST READ THE AZRUDDIN MP CASE WHERE BOTH PARTIES MADE COMPROMISE SO THE CASE WAS DISMISSED BY WITH A FINE OF RS FIFTEEN LACKS ON AZRUDDIN MP WHO WAS ACCUSED.

Yes, when a person dies, his legal heir can take his/her place in a matter u/s 138 N I Act as complainant.

Can you please give any provision of law wherein legal heir is allowed in NI 138 cases.

Respected Sir,

please have a look upon the following citation:

MANU/MH/1262/1999

Equivalent Citation: 2000CriLJ1622, 1999(2)ALD(Cri)751

IN THE HIGH COURT OF BOMBAY AT GOA (PANAJI BENCH)

Crl. Misc. Appln. Nos. 136 and 116 of 1998

Decided On: 15.01.1999

Appellants: Helen C. Pinheiro and Ors.
Vs.
Respondent: Kamaxi Steel Products

Very good work done, the citation allows substitution of complainant. THANKS.

It will be necessary to prove to the satisfaction of the court that the persons claiming the estate of a deceased complainant  are the legal heirs.

There will be other whole lot of problems since for conviction the depostion must comply wiith section SIXTY OF EVIDENCE ACT.

Mere existance of bounced cheque is not sufficient., legal heir will be only holder is due course.

There are two things here. (1) Recovery of cheque amount (2) Conviction and punishment of the accused. As regards the first point, things are clear. The legal heirs are entitled to claim the amount. As for the second I would think that problems in collection of evidence would be the same whether the mother was alive or dead. Even when she was alive, I would imagine only the lawyer and the sons would have been actively pursuing the case on behalf of the mother.

NI 138 cases are not for recovery for conviction.

i m paid 2 lac rupes to agent  for placement in merchant navy.after  cheted with me. he agree to return my rupes

and give me cheque of 1.8lac. in 3 parts 60x3. in differnt date.now two in this chque is bounced.lastcheque date is 10 april. 

wht we do for recovry my monye ols tell me.i send to him legal notice.