Negotiable instruments act /death of the complainant
Pritam Sharma
(Querist) 14 November 2008
This query is : Resolved
As I understand this a criminal complaint.So the attorney should not be allowed the proceed the case.
arunprakaash.m.
(Expert) 14 November 2008
the compalinant name should be replaced by the legal representatives or legal heirs of the complainant.
anonymus
(Expert) 14 November 2008
OF COURSE I CERTAINLY AGREE WITH MR.ARUNPRAKAASH. The legal heirs of the deceased have to be impleaded as complainants and the case has to be continued.
Jithendra.H.J
(Expert) 14 November 2008
as the Power attorney is expired the attorney can not continue the case, you can rise the objection before the court, if possibel you can also get benefit if you are appearing on behalf of the accused, as the arunprakash said, the LRs of the complaint should be brought on record to continue the proceedings.
plz refer crimes 291(kar).DB
Srinivas.B.S.S.T
(Expert) 14 November 2008
If the complainant's attorney holder did not revealed the fact about the death of the complainant. The accused can raise an objection, but as Sri. Arun rightly opined the legal heirs of the complainant can come on record and contest the case.
Adv.Shine Thomas
(Expert) 15 November 2008
I agree with above opinions.But the legal heirs should know the real facts of the case.Otherwise it may affect the case adversely.
G. ARAVINTHAN
(Expert) 15 November 2008
If the legal heirs have knowledge about the transaction of the said negotiable instrument, then the legal heirs can be impleaded as complainants and to proceed with the case
neelam biala
(Expert) 16 November 2008
Yes,
I am already handling similar case where the Complainant has already expired.There is no abatement in criminal case under Cr.P.C.Complainant's son has been substituted in place of his deseased father and the matter is proceeding in Nagpur High Court.
Neelam A. Biala
A D V O C A T E
HIGH COURT NAGPUR
K.C.Suresh
(Expert) 17 November 2008
Legal heir can implede as a party is the complaint expires.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 17 November 2008
I agree with above opinions.But the legal heirs should know the real facts of the case.Otherwise it may affect the case adversely.
RAKHI BUDHIRAJA,
ADVOCATE
DELHI HIGH COURT
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