Nia section 138

Neeraj Kaushal (Querist) 14 March 2013 This query is : Resolved
if accused died during the proceedings of case of N.I.A section 138 , proceedings stand abated against accused , how can i recover my check amount.

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Raj Kumar Makkad (Expert) 14 March 2013
You shall have to file a suit for recovery against the legal heirs of the deceased accused/now say lender of your money/your debtor.

Sankaranarayanan (Expert) 14 March 2013
file a suit of recovery against the legal heirs of the defaulter

Hemant Agarwal (Expert) 15 March 2013
suit of recovery against the legal heirs of the defaulter, shall be subject to the period of limitation from the date of the loan amount due.

Keep Smiling .... Hemant Agarwal

Raj Kumar Makkad (Expert) 15 March 2013
Limitation shall run from the day of last confirmation of the loan and not from the day of loan.

Sankaranarayanan (Expert) 15 March 2013
yes mr makkad given the starting point of count down.

V R SHROFF (Expert) 31 March 2013
Proceedings of 138 die with accused.

Civil suit is only remedy. [within 3 yrs of cause]

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