Accused deth

Querist : Anonymous (Querist) 04 November 2010 This query is : Resolved
Respected sir,

My complainant is a Co - oprative bank and this accused took a loan and issued a cheque as a security and after that accused became defolt and bank filed complaint against him 138 ni act during trial accused died so what i do as a complainant lawyer?

Bank has a public money and if case is widrawal so it too much loss.

So any citation regarding to legal hair is responsible for that pls give me advise.

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Arvind Singh Chauhan (Expert) 04 November 2010
As being a criminal case legal heir is not liable in under NI Act. Bank may file recovery suit.

adv. rajeev ( rajoo ) (Expert) 04 November 2010
after the death of the accuse will be dismissed, then as arvind said bank has to file a civil suit against the legal heirs of the deceased. If it is already time barred then suit is also not maintainable.

s.subramanian (Expert) 04 November 2010
I agree with experts.

B K Raghavendra Rao (Expert) 04 November 2010
Death of accused means death of the case against him. The case would not proceed further because 138 is a criminal proceeding. You better file a civil court for recovery of loan dues against the legal heirs of the loanee.