138 NIA

Neeraj Kaushal (Querist) 11 July 2011 This query is : Resolved
If accused will die in criminal complaint his legal heir can be brought on record in complaint filed u/s 138 of Negotiable Instrument Act

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DEFENSE ADVOCATE.-firmaction@g (Expert) 11 July 2011
not in criminal cases like NI 138.

SACHIN AGARWAL (Expert) 12 July 2011
No. Not in Criminal Case.

seshadri dubey (Expert) 12 July 2011
no not in criminal case it can not be done

Advocate Bhartesh goyal (Expert) 12 July 2011
Legal heirs of accused can not be brought on record in criminal cases.

Advocate. Arunagiri (Expert) 12 July 2011
Criminal cases are conducted for the offenses committed by a person. So, the offense dies with the person committed/charged.

The son can not be prosecuted for the offense committed by the father.

dev kapoor (Expert) 13 July 2011
NO.A criminal action is a 'wrong in personem' i.e. it is a 'person's own wrong that entails into Conviction or acquittal'.An offence committed by a person DIES with the death of that person.Legal heirs of the accused cannot be prosecuted for the offence committed by an individual.So they cannot be impleaded in a criminal complaint after the real accused dies .However, legal heir of a complainant can be impleaded in his place on his death.

Arun Kumar Bhagat (Expert) 17 July 2011
I fully agree with Mr. Dev Kapoor.

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