• Bounce cheque case for more than 8 years

My father passed away last month. He had an ongoing case in District court since 2018 for a bounce cheque that his firm received. I live overseas so have passed POA of the case to my relative as someone needs to attend the hearing each month.
What is the best way to speed up the process as case is just getting dragged on.
Asked 9 months ago in Criminal Law
Religion: Hindu

12 answers received in 1 day.

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14 Answers

Litigation is long drawn process 

 

What is the status of your case ?

 

you can request Judge to give short dates as it is part heard matter and pending for 8 years 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Request the court for short date. In criminal case legal heirs are not required. So on expiration of father, case cannot continue. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Much depends on lawyer of complainant. In stead of complicating by approach HC, instruct your lawyer to take up steps to speed up proceedings. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

The power of attorney deed will be automatically revoked on the death of the principal.

Now the LRs have to continue the case.

If it is the firm then the firm can continue the same through its authorised representative.

Without knowing the status of the case pending before court any opinion rendered will be a misguidance.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If it’s against partnership firm then it will continue with his legal aid if it would be against only father then it would have been abated after his death 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Firm continues even on demise of partner 

 

case filed on behalf of firm will continue 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

Sir/Madam,

Since the case under the name of the firm, the partners of the firm would be respondent/responsible to look after the case. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Details required. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

As a legal heir of complainant of the proprietor of firm a POA is issued by you. Case will continue through POA. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

The firm can execute a POA deed by a resolution to continue the case on their behalf upon the death of your father, there is no legal infirmity in it. Your lawyer is following the correct procedures, you may proceed as per your lawyer's advice.  

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

- Yes, it is right that the case can be continued by the legal heirs after the death of the complainant/petitioner.

- You can give POA to any on the legal heirs to pursue the case , if he has complete knowledge of the said case. 

- However, as this case is filed by the firm then it can be continued by any of the reprehensive /partner/director of the firm. 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations


Speeding Up a Cheque Bounce Case (8+ Years Old)

1️⃣ Case Continuation After Your Father’s Death

  • Since the cheque was issued to his firm, the case can continue with a legal heir or POA holder representing the firm.
  • Your lawyer is correct—POA is valid, but ensure it is registered and properly executed.

2️⃣ Ways to Expedite the Case
File an Application for Early Hearing – Request the court to expedite proceedings under Section 143(3) of the NI Act, citing undue delay.
Request for Time-Bound Proceedings – Seek a directive for a fixed timeline for completing cross-examination.
Move a High Court Petition – If delays are excessive, file a writ petition under Article 227 of the Constitution for faster disposal.
Oppose Unnecessary Adjournments – Ensure your lawyer strongly objects to unnecessary adjournments by the accused.

Would you like assistance in drafting an application for early disposal?

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

Dear Client,

Your father's firm is the one under which the case is registered. Therefore, it will go on even after his demise, provided the POA given by the legal heirs is still subsisting. Your relative will have a right to attend the hearings, for she has been given a right to act as the POA. Thus, the case will go on with the prevailing structure. To make it quicker, you can request your lawyer to file for a speedy trial or seek to fix a hearing schedule with the court in order to avoid multiple adjournments. It is essential that all procedural submissions are taken care of on time and that your representative gives active presence in the court. Further, you may keep continuous follow-ups with your lawyer to check on delays or other administrative hurdles so the case may keep its pace.

Hope this helps, and feel free if there is any legal query.

Anik Miu
Advocate, Bangalore
11006 Answers
125 Consultations

1. The criminal case abated with the death of your father.

2. Unless the case papers are perused it cannot be said whether case qua legal heirs will proceed.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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