Transfer of case

Yes, if all other heirs give a No Objection, the case can be transfered in your mother's name.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Hi,

   Thanks for the message. Actually the court is seeking a No Objection from the accused in the case.  Is it justified at all ?  We have filed a case and if we have all legal heir documentation, why should the accused be asked for a No Objection.  Your advice in the matter will be highly appreciated.

Thanks,

S V

This is quite funny. For any accused (actually guilty or not guilty), the main objective is to get the case closed in his favor at the earliest possible stage. Accused will never give any NOC for this, infact he is going to oppose the same in case court permits. So court is away from reality, if it has asked  you to get the NOC from accused. Even in NI cases the legal heirs can come in to further the proceeding.  If your father has given his affidavit and has been cross examined then there is no reason for the court to grant no permission to your mother. You all (if he has not left any will) brothers & sisters write an NOC in favor of your mother, and politely remind the court of impractical aspect of accused giving NOC.

Hi,

   Thanks for the response. The case has not moved an inch in these 5 years. No one has been examined. I just want to know if Sec 138 NI Act has any provision for taking a No Objection from the accused if the case is to be transferred to a legal heir.  Pls advice because our lawyer is not taking any steps, saying that it is a summons case and the case cannot move unless the accused and his lawyer are present in the court.

Our lawyer is asking us to pay him money so that he can get an expedition order from the High court and the case will close in a bounded time of 6 months.

Thanks,

SV

You can move higher court for such direction.

This would be illegal to ask the consent of the accused.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Trial court must issue NBW against the accused if he is not attending. No need for approaching higher courts as of now for expediting the case, press for NBW against the accused. Learn to talk to doctors and lawyers in pure professional manner. The day you realise that these people are more worried about making money or incompetent, take hard decisions.

In S.138 there is no provision for taking NOC from accused for such matter.

Replacement of original complainat by the heir is complicated issue of law and facts and accused has every right to oppose it.

Though there are various judgments on this point saying  that in cheque bouncing cases if complainant dies during pendency of case ,his legal heirs may substitute in his place and legal heirs can continue the case  but accused has every right to oppose the same.

I agree, just by saying it is a complicated issue, accused gets no right to oppose the same.

It is for the new party to put his case and convince the court about the same.