• 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 25 days ago in Criminal Law
Religion: Hindu

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15 Answers

First of all, I’m sorry for your loss. I understand how difficult it must be to handle legal matters while being overseas. Given that the case has been ongoing since 2018, there are several strategic steps we can take to expedite the process and bring it to a resolution sooner rather than later.

Key Strategies to Speed Up the Case:

  1. Filing an Expedited Hearing Application – The court has the discretion to fast-track cases that have been pending for long periods, especially in cheque bounce matters. A well-drafted application citing unnecessary delays can push the court to set stricter timelines.
  2. Strictly Objecting to Adjournments – Many cheque bounce cases get delayed due to unnecessary adjournments. If the opposing party is deliberately dragging the case, we can object and insist on a strict schedule for final arguments.
  3. Requesting a Time-Bound Trial – Section 143 of the Negotiable Instruments Act, 1881, mandates a summary trial, and courts are required to dispose of such cases within six months. We can file an application citing this provision, requesting the judge to follow a time-bound approach.
  4. Substitution of Legal Representative & Proper POA Execution – Since your father was the complainant, the court needs a formal application to continue the case through his legal heirs or a legally authorized representative. Ensuring this is properly executed will prevent procedural delays.
  5. Approaching the High Court (If Necessary) – If the case is stuck at the District Court level with no real progress, a petition before the High Court can be filed seeking directions for faster disposal. Courts often take such petitions seriously in long-pending cheque bounce cases.

The Advantage of Having Strong Legal Representation

Since cheque bounce cases require proactive legal handling, having an advocate who can push for quicker hearings and apply the right legal strategies can make all the difference. If you’d like, I can assist you in streamlining the process, ensuring all necessary applications are filed on time, and pushing for a quicker resolution. I’ve handled several such cases successfully and can ensure minimal delays while keeping you updated regularly.

Let me know if you’d like to discuss this further. Happy to assist in any way that helps you resolve the matter efficiently.

Best regards,

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Sharan Chopra
Advocate, Chandigarh
104 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
98110 Answers
7971 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
1534 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
4766 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
88312 Answers
2388 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
33296 Answers
219 Consultations

Firm continues even on demise of partner 

 

case filed on behalf of firm will continue 

Ajay Sethi
Advocate, Mumbai
98110 Answers
7971 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
6854 Answers
16 Consultations

Details required. 

Siddharth Srivastava
Advocate, Delhi
1534 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
4766 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
88312 Answers
2388 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
15030 Answers
228 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
911 Answers
4 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
10547 Answers
123 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
30830 Answers
975 Consultations

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