Legal Question in Banking Law in India

cheque bounced issuer dead???

hi abot a month ago my frnds uncle issued a cheque for 8cr to him through a familly understandin.then all of a sudden he passed away!?my frnd was shell-shocked but by the time when my frnd deposited the cheque it bounced due to low funds ?my frnds uncle-family members had emptyed the a/c? now can my frnd attache his uncle's house which is arnd 9cr for his cheque bounce???wot are my frnds legal options???? he is in shock n disbelif!!? all my frnd has is a boucned cheque for 8cr as proof.

p.s(my frnd deposited the cheque after his uncles death!!??very foolish of him)


Asked on 2/13/08, 7:42 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: cheque bounced issuer dead???

Whats your stand? Please be clear what you want to ask Feels like a vague question.

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Answered on 2/13/08, 7:50 am

Re: cheque bounced issuer dead???

What is your concern in the matter? I had already given reply to this query.

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Answered on 2/13/08, 12:12 pm
J. Radhakrishnan independent Practice

Re: cheque bounced issuer dead???

If the issuer is dead, no question of proceeding under Sec.138 of N.I.Act. Legal heirs are not criminally liable. Only recourse is civil suit against the heirs praying for a decree against the assets, if any of the deceased in their hands. The suit will be on original cause of action and the returned cheque used as one piece of evidence to prove the debt.

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Answered on 2/13/08, 6:37 pm
J. Radhakrishnan independent Practice

Re: cheque bounced issuer dead???

Your friend has no recourse under Sec.138 of the N.I.Act. He has to file a suit on the original cause of action i.e. the family understanding and use the cheque as evidence of debt against the legal heirs of the issuer and in that seek attachment of his assets, if any, including the house owned by his uncle. Unless there are other evidence to prove the understanding, the cheque will be a poor evidence. Case requires personal consultation with the local lawyer and cannot be thrown for discussion in this forum.

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Answered on 2/13/08, 6:48 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cheque bounced issuer dead???

file a civil suit on the facts mentioned above.No chances of s138 or s420 as issuer is dead.

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Answered on 2/15/08, 4:23 am


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