LR

Querist : Anonymous (Querist) 03 March 2011 This query is : Resolved
In a cheque bouncing case, complainant has died after charges framed
and LR could not came on records , meanwhile case has been DID due to non appearance , now
LR has moved to higher court to challenge the DID , now pls advice me.
In my opinion LR has no legal right to file and appeal as they have not came on the record as LR and accepted by lower court. If you give us any citation , I will be obliged.

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Ajay Bansal (Expert) 04 March 2011
As per section 320 Cr.P.C. L.R.s can file the appeal.

Basavaraj (Expert) 04 March 2011
AS PER RECENT SUPREME COURT JUDGMENT IN 138 CASES LRS CANNOT COME ON RECORD.

THEY CAN FILE CIVIL SUIT FOR RECOVERY OF AMOUNT AGAINST ACCUSED.

Basavaraj (Expert) 05 March 2011
Bupinder Lima Vs State of A.P., rep. by Public Prosecutor & Anr.) 2000(1) CIVIL COURT CASES 670 (A.P.) : 2000 ISJ (BANKING) 0154

Basavaraj (Expert) 05 March 2011
ection 138 - Complainant - Death during pendency of proceedings - Not necessary that legal heirs or legal representatives only can continue the proceedings - A fit and proper person can be permitted to prosecute the petition. (Sebastian Vs State of Kerala) 2004(2) CIVIL COURT CASES 05 (Kerala) = 2004(2) CRIMINAL COURT CASES 223 (Kerala)

Section 138 - Complainant - Death during pendency of proceedings - Sister - Can be allowed to continue the proceedings when legal heirs do not chose to come on record to prosecute the petition. (Sebastian Vs State of Kerala) 2004(2) CIVIL COURT CASES 05 (Kerala) = 2004(2) CRIMINAL COURT CASES 223 (Kerala)

Section 138 - Complainant - Death of - Complaint does not ipso facto terminate or abate upon death of complainant - Where complainant is dead, his legal representative, agent or power- of- attorney holder can be permitted to prosecute complaint. (Jimmy Jahangir Madan Vs Mrs.Bolly Cariyappa Hindley) 2002(1) CIVIL COURT CASES 539 (Kant.) : 2002 (1) ISJ (BANKING) 0200
Section 138 - Death of complainant - Substitution of L.R's - Can be allowed if Magistrate is satisfied from material on record and other surrounding circumstances that such permission should be given. (Raviselvam Vs Nalini Vijayakumar) 2001(1) CIVIL COURT CASES 467 (Madras)
Section 138 - Death of drawer of cheque - Proceedings against his L.R's - Cannot be initiated. (Smt.Girija Vs K.Vinay) 2003(3) CRIMINAL COURT CASES 203 (Karnataka)

Section 138 - Dishonour of cheque - Death of accused during trial - Proceedings will abate - Legal heirs cannot be prosecuted. (Sham LalVs Raj Kumar Aggarwal) 2002(2) CIVIL COURT CASES 370 (P&H) : 2002(2) CRIMINAL COURT CASES 505 (P&H) : 2002 (2) ISJ (BANKING) 0083

Section 138 - Dishonour of cheque - Death of complainant - Son of complainant who is successor to the business must be deemed to be "holder in due course". (Ajay Kumar Agarwal & Anr. Vs State of Jharkhand & Anr.) 2003(2) CRIMINAL COURT CASES 600 (Jharkhand)

Section 138 - Revision against conviction - Death of complainant during pendency of revision - L.R's allowed to be brought on record as financial benefit has accrued by order of conviction. (Mohinder Dutt Sharma Vs Bhagat Ram) 2002(2) CIVIL COURT CASES 280 (H.P.) = 2002(2) CRIMINAL COURT CASES 297 (H.P.)

Section 138 - Death of complainant - In appropriate cases the Magistrate can grant permission to the son of the deceased complainant to proceed with the complaint. (Jayaranjan Vs Jayaranjan) 1993 (SUPPL.) CIVIL COURT CASES 718 (Kerala) : 1993 ISJ (BANKING) 0328 : 1992 (2) BANKING CASES 0574 : 1995 (82) COMP. CASES 0629 : 1995 BJ 0703 : 1993 (2) CRIMES 0666

Section 138 - Death of complainant - Proceedings do not ipso facto terminate or abate - Magistrate can allow substitution if satisfied from surrounding circumstances and materials on record that such permission should give given - son allowed to be substituted as complainant. (S.Reddappa Vs M.Vijaya) 1997(1) CIVIL COURT CASES 248 (Kant.) : 1997 (4) ALL INDIA CRIMINAL LR (KARNATAKA) 0160 : 1998 (2) BANKING CASES 0609 : 1997 (2) CRIMES 0272 : 1997 (1) CCR 0631

Advocate. Arunagiri (Expert) 05 March 2011
Mr.Basavaraj Please post the citation number which says the LR can not come on record in 138 case.

Basavaraj (Expert) 05 March 2011
sir I ask sorry mistake from my end by oversight I mentioned "cannot" rather than "can".

For that I have given so many citations in favour of complaint.

Basavaraj (Expert) 16 March 2011
Dishonour of cheque - Complaint against L.R's of the person who issued the cheque - Not maintainable. 2006(3) Civil Court Cases 131 (Bombay) : 2006(3) Criminal Court Cases 751 (Bombay)

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