Legal Question in Criminal Law in India
What power does a court have in case of death of a director of a Company who is a signatory to a negotiable instrument (cheque) in case of application of Scetion 138?
Can the Company be made liable and if yes, under what provision of CrPC ?
Please Help !
Asked on 5/22/12, 6:01 am
1 Answer from Attorneys
Shrichand Nahar
S.V.Nahar, Advocate
In case of a criminal case, case abates upon death of an accused.
There is no substitution of accused in place of deceased accused.
However, subject to law of limitation, one may apply under section 319 Cr.P.C. for adding accused.
Answered on 6/07/12, 12:06 am
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