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 bounced 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, 7:51 am

4 Answers from Attorneys

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Re: cheque bounced !!??issuer dead!?

Contact with details.I have already given reply to your query.Professional charges are applicable.

Answered on 2/14/08, 12:07 pm

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: cheque bounced !!??issuer dead!?

i had replied to your query before.

Answered on 2/13/08, 11:19 am

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Sachin Sangare Private Practise

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Re: cheque bounced !!??issuer dead!?

You can file a summary suit against the legal heirs of the Uncle for the 8 cr amount based on the said cheque. You can mention in the suit that in response of the family settelement he received the cheque. The court fees will be maximum, but you have no option. You cannot file criminal complaint u/s 138 of the NI Act for the simple reason that the drawer of the cheque has expired.

Answered on 2/13/08, 9:42 pm

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