Legal Question in Banking Law in India

Is a cheque having Date after the drawer death and then presented returned unpaid. Only two partners one dies who has signed. Is the other partner liable under section 138 of Negotiable Instrument Act


Asked on 12/02/12, 12:25 am

4 Answers from Attorneys
uttam Tibrewal

dear client...

Since the cheque was given post dated hence have to be proved and yes the other partner is liable under section 138 NI act

for detail mail me at [email protected]

uttam

Adv

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Answered on 12/02/12, 4:10 am
Fca Prashant Chavan Expert Edge LLP

02.12.2012

Dear Sir / Madam,

It is evident from what you have stated that the partnership firm had issued a post dated cheque signed by one of the partner who passed away before the date of the cheque.

Assuming the cheque was issued by the firm from its account and not by the partner from his personal account, the firm's liability on payment stays. The surviving partner is legally bound to issue a current dated fresh cheque to honour the firm's payment liability.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 12/02/12, 5:42 am
Sanjay Kalra Sanjay Kalra & Associates

YES... Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 12/03/12, 3:27 am


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