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Indian Laws - Highlights / Catch Notes

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Dishonor of Cheque - acquittal of the accused - abatement of ...


High Court rules cheque dishonor trial continues with legal heirs after complainant's death; no abatement required.

April 8, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - acquittal of the accused - abatement of proceedings on death of the original complainant - there is no provision in the Code of Criminal Procedure or in the Negotiable Instruments Act laying down that on account of death of payee, trial must be abate and merely because original complainant payee has died, there could not be abatement of the proceedings and legal heirs of original complainant are entitled to come forward and ask for their substitution in place of the complainant so as to proceed further with the trial. - HC

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