by Dealing with legal matters can be challenging, especially when it involves the unfortunate demise of a loved one. If you are in a situation where you need to write an application for the dismissal of a case under Section 138 of the Negotiable Instruments Act, 1881, due to the death of the accused, this guide will help you navigate through the process. Let’s use a specific example to illustrate the steps involved.
Example Case Details:
- Court: The Ld. Metropolitan Magistrate’s Court, No. 72, Vikhroli at Mumbai
- Case Number: C.R. No. 4552/SS/2023
- Complainant: Yes Bank Limited
- Accused: Mrs. Priya Vijay Sontakke
- Applicant: Mr. Vijay Ramchandra Sontakke (husband of the deceased)
- Date of Death: 23/03/2023
- Death Certificate Registration No.: D-2023; 27-99308-000287, dated 27th March 2023.
Step-by-Step Guide to Writing the Application:
1. Address the Court Properly
Start your application by addressing it to the relevant court. Make sure to include the specific court number and location.
2. Mention the Case Details
Clearly state the case number and the parties involved.
3. Subject Line
Provide a clear subject line that indicates the purpose of your application.
4. Salutation
Address the judge respectfully.
5. Introduction
Introduce yourself and your relation to the deceased. Mention the purpose of your application.
6. Details of the Death
Provide the date of death and attach the death certificate for the court’s reference.
7. Legal Provisions
Explain the legal grounds for the dismissal of the case, referencing Section 138 of the Negotiable Instruments Act, 1881.
8. Prayer
Formally request the court to dismiss the case.
9. Conclusion
Express your trust in the court’s favorable consideration of your application.
10. Thanking the Court
End your application politely.
11. Enclosures
List the documents you are attaching with the application.
12. Verification
Include a verification statement at the end of your application.
By following this structured approach, you can ensure that your application for the dismissal of a case under Section 138 of the Negotiable Instruments Act, 1881, due to the death of the accused, is clear, concise, and legally sound.
FORMAT
Change appropriate and affix Court Fee Stamp of Rs.10/-
In The Ld. Metropolitan Magistrate’s Court
No. 72, Vikhroli at Mumbai
C.R. No. xxxx/SS/20xx
YES Bank Ltd. …. Complainant
V/s
Mrs. Priya Vijay Sonatakke …… Accused
Application for Dismissal of case
MAY IT PLEASE YOUR WORSHIP:
Application for Dismissal of case under Section 138 of the Negotiable Instrument Act, 1881. CR No. xxxx/SS/20xx due to death of accused submitted by husband of accused above named as follows:
I, Mr. Vijay Ramchandra Sontakke, the husband of the late Mrs. Priya Vijay Sontakke, the accused in the above-mentioned case, am writing this application to bring to the notice of this Hon’ble Court the unfortunate demise of my wife.
Death of the Accused:
- It is with deep sorrow that I inform the Hon’ble Court of the death of Mrs. Priya Vijay Sontakke on 23th March 2023.
- The death certificate, issued by the competent authority, is attached herewith for the Court’s reference. The Death Registration Number is D-2023; 27-99308-000287, dated 27th March 2023.
Legal Provisions:
- As per the legal principles and provisions under the Negotiable Instruments Act, 1881, specifically Section 138, proceedings are against the individual accused of the offense.
- Upon the death of the accused, the prosecution under Section 138 of the Negotiable Instruments Act cannot proceed as the personal liability of the accused ceases to exist.
Prayer:
In view of the aforementioned facts and the attached death certificate of the accused, it is respectfully prayed that this Hon’ble Court may be pleased to:
- Take on record the death of the accused, Mrs. Priya Vijay Sontakke
- Dismiss the case bearing C.R. No. xxxx/SS/20xx against Mrs. Pooja Vijay Ambavale under Section 138 of the Negotiable Instruments Act, 1881, due to her demise.
I trust that this application will be considered favourably by this Hon’ble Court, taking into account the circumstances and the applicable legal provisions.
Thank you for considering my application.
Yours sincerely,
Place: Mumbai Vijay Ramchandra Sontakke
Date: 14/06/2024 (Husband of Accused)
_______________________________________________________________________________________________________
Enclosures:
- Death Certificate of Mrs. Priya Vijay Sontakke (Death Registration No. D-2023; 27-99308-000287, dated 27th March 2023.
_______________________________________________________________________________________________________
VERIFICATION
I, Applicant Mr. Vijay Ramchandra Sontakke, Husband of accused, do hereby declare that the statements made above are true to the best of my knowledge and belief.
Place: Mumbai Vijay Ramchandra Sontakke
Date: 14/06/2024 (Husband of Accused)
