In Sanjaybhai Bhikhubhai Gohel v. State of Gujarat (2024), could the legal heirs of an accused who died…
In Sanjaybhai Bhikhubhai Gohel v. State of Gujarat (24 January 2024), the High Court held that heirs could not replace an accused who died during the section 138 trial "in…
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In Sanjaybhai Bhikhubhai Gohel v. State of Gujarat (2024), could the legal heirs of an accused who died during the NI Act section 138 trial be substituted to continue that criminal prosecution against them merely as heirs?
Answer and explanation
Correct answer B
In Sanjaybhai Bhikhubhai Gohel v. State of Gujarat (24 January 2024), the High Court held that heirs could not replace an accused who died during the section 138 trial "in absence of statutory provisions" permitting it. Inheriting an estate does not transfer personal criminal liability, although civil recovery of the debt is a separate question.
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