Legal Question in Banking Law in India

offence

Cheque not endorsed in favourof complainant .The complainant is neither a payee nor a holder in due course.Can he file any criminal complaint against the drawer if the cheque is dishonoured.The cheque is account payee not negotiable crossed


Asked on 10/01/08, 12:06 pm

4 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: offence

If he is not the payee or endorsee, he cannot file the complaint. If it is account payee and not negoiable even an endorsee cannot file complaint

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Answered on 10/01/08, 11:33 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: offence

No he cannot file a complaint as a third person

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Answered on 10/02/08, 2:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: offence

No, if the complainant is neither a payee nor holder in due course, he has no locus to file the complaint.

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Answered on 10/02/08, 9:32 am
Nasir Butt Nasir Law Associates

Re: offence

There must be obligation as to payment. Since he is neither payee, nor holder in due course, or indorse, therefore he has not locus standi being the third party. He cannot file complaint.

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Answered on 11/05/08, 10:26 am


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