Presentation of cheque-6 months

Dear friends,

I have a doubt related to cheque bounce case.  Pl. give me a correct solution.  When the case is going on and it is well known that the judgement is going to be in favour of the complainant and the accused will be directed to pay the amount or will be convicted if he fails to do so; what happens if the accused is not in a position to pay the amount or wantenly goes on appeal  for the sake of delaying the payment.  In another situation, what happens if the accused dies during the final stage of the case.  How can the complainant recover the cheque amount.  Pl.advise. 

Secondly, please explain on the recent SC judgement with regard to the amount to be paid to the court if the accused goes on appeal....

Raja.

The criminal proceedings will abate in the case of death of the accused. Cheque amount can be recovered by the legal heirs in civil proceedings.

Regarding appeal the same will be admitted on the deposit of a particular amount as decided by the Appellate Court. The quantum of the amount is fixed is at the discretion of the court and it also depends on the amount of cheque. If the amount is huge then only a part of it may be directed to be deposited. Normally the same is 50% of the compensation awarded by trial Court.

Thanks for your response Mr.Sanjeev.  But I am not clear about your first sentence.  Why should the legal heirs of the complainant recover the cheque amount through civil proceedings. It is the accused who dies and his legal heirs are liable.  What is the liability of the person who stood as surety for bail at the start of the criminal case.  Can the complainant take any precautionary measure now itself in this case. 

its a typing mistake.

The criminal proceedings will abate in the case of death of the accused. Cheque amount may be recovered by the complainant from the legal heirs of accused in civil proceedings. (subject to certain conditions regarding the extext of liability of legal heirs of accused)