delay in brining complainant's Legal heirs
adv. rajeev ( rajoo )
(Querist) 18 November 2009
This query is : Resolved
Complaint is filed u/s 138 of NI Act, during the pendency of the complaint died, but complainant advocate has filed an application for brining LRs. of the complainant to bring on record after one year of death of the complainant.
In my opinion without delay condonation application such application is not maintainable. There is no provision in the Cr.P.C. to bring the LRs, so in accordance with the CPC delay condonation application will have to be filed.
After the death of the complaianant, complainat abets.
Let me know am I right?
Kiran Kumar
(Expert) 18 November 2009
Rajeev Ji pls read S. 249 and S.256 of Cr.P.C, u ll get your answer.
Raj Kumar Makkad
(Expert) 18 November 2009
No. You are not right. Criminal complaint can run through his legal heirs. if accused dies during the trial of the complaint only then complaint/trial abets and not in case of the death of complainant.
In your case even if the legal heirs have been sought to be impleaded after one year of death of the complainant even then it is maintainable and is bar under any section of criminal procedure code. No application seeking cononation of delay is required in this matter as the case is criminal and not civil.
adv. rajeev ( rajoo )
(Querist) 19 November 2009
Dear Kiran,
Thanks for the answer, actually my frnd is representing the accused, just he asked about this I answered what Raj has replied.
I can understand ur answer, but complainant advocate concelead this fact to the court and moreover since 2 months and prior to that there were presiding officer to the court, only charge were given to another court, as such this case posponed.
Thanks for the reply.
adv. rajeev ( rajoo )
(Querist) 19 November 2009
Thnk you Raj Sir,
I was expecting the answers from u, Kiran and Vishal, but vishal didn't answer it.
