{"id":15003,"date":"2026-01-30T11:59:35","date_gmt":"2026-01-30T11:59:35","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=15003"},"modified":"2026-01-30T12:10:16","modified_gmt":"2026-01-30T12:10:16","slug":"section-138-ni-act-death-of-accused-or-complainant","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/section-138-ni-act-death-of-accused-or-complainant\/","title":{"rendered":"Impact of Death on Proceedings under Section 138 of the Negotiable Instruments Act, 1881"},"content":{"rendered":"\n

<\/span>The Negotiable Instruments Act, 1881 (Section 138): Legal Overview<\/span><\/h2>\n\n\n\n

The Negotiable Instruments Act, 1881 (NI Act), particularly Section 138, addresses the criminal offence of cheque dishonour, imposing personal liability on the accused for repayment of debts or liabilities through negotiable instruments. This provision is quasi-criminal in nature, blending elements of criminal punishment (such as imprisonment) with civil recovery (such as compensation or fines). However, the death of a party involved\u2014the accused or the complainant\u2014raises significant legal questions about the continuation or abatement of proceedings. Indian courts, guided by the Code of Criminal Procedure, 1973 (CrPC), have established clear precedents on these matters. This article examines the legal position, supported by key judgments, emphasizing that criminal liability is personal and non-transferable, while civil remedies may persist.<\/p>

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