Death of Complainant in N.I.Act 138 Complaint

   Death of Complaint in Complaint u/s 138 of N.I.Act 1881..... Whether it Abate or Heirs of Complainant proceed it ....?

                                 

- Basically complaint u/s 138 of Negotiable Instruments Act 1881 proceed as per procedure provided in Code Of Criminal Procedure 1973.

- Once magistrate take cognizance of offence u/s 138 of N.I.Act the death of complainant does not affect further trial of complaint.

- Also there is no provision in Cr.P.C. or in the N.I.Act that on account of death of the complainant the trial must abate.

- But after death of complainant the legal heirs of the complainant are entitled to come forward and ask for their substitution in the complaint so as to proceed further with the trial with the permission of the magistrate.

- Even though after death of the original  complainant after filing of an appeal against acquittal or conviction the legal heirs of complainant may with permission of the court proceed an appeal further.

= = Relevant Provision ==

- Section 138 to 148 of N.I.Act 1881.

- Section 256 of Cr.P.C.1973.

= Judgements ===

- Helen C.Pinheiro And Ors v/s Kamaxi Steel Products 2000 Cr.L.J.1622.

- Yogeshkumar Keshavlal Kamdar v/s Jamanadas Bhagwandas Vakharia Gujarat H.C. decided on 31-03-2022 (R/CR.A/1585/2006).

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