In India, a cheque bounce case typically continues even after the death of the payee, though the process may involve adjustments due to the change in parties. Under Section 138 of the Negotiable Instruments Act, 1881, the dishonour of a cheque can lead to criminal proceedings if certain conditions are met, including the issuance of the cheque for a legally enforceable debt or liability and its subsequent dishonour due to insufficient funds or other valid reasons.
When the payee, who is the complainant in the case, passes away, the legal heirs or representatives of the deceased can step into the role of the complainant. The case does not automatically end/abate; instead, it continues with the legal heirs or the legal representative of the deceased payee taking over the proceedings. They must file an application to substitute themselves in place of the deceased payee and provide the necessary documentation proving their legal standing.
The legal heirs can pursue the case for the recovery of the cheque amount and any associated penalties or damages as stipulated under the law. The process involves updating the court records to reflect the change in the complainant and ensuring that all legal formalities are met to continue the proceedings effectively. Cheque Bounce Advisor [CBA] take efficient care of every such legal formality under the guidance of expert and experienced team of Legal Consultants. Feel free to discuss your case at CBA 24 X 7 Helpline +91-9891188400.
Thus, a cheque bounce case does continue after the payee’s death, but requires the substitution of the deceased payee with their legal heirs or representatives to carry forward the case. This ensures that the legal process remains intact and justice can still be sought.
