Legal Question in Business Law in India

Chq Bounce Case against legal hirer for chq presented after death

Prop. of a company issued chq to some party from company a/c and party presented cheque after death of properitor which gets returned due to insufficient funds. At death legal hirer are two sons both were minor at time of death and wife who is a housewife.


Asked on 5/18/09, 5:46 am

3 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Chq Bounce Case against legal hirer for chq presented after death

Only drawer of the cheque is liable for conviction.

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Answered on 5/19/09, 6:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Chq Bounce Case against legal hirer for chq presented after death

Only the drawer of the cheque may be liable under the Negotiable Instruments Act. However, a suit for recovery may be filed against the estate of the deceased in the hands of the legal heirs.

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Answered on 5/18/09, 10:13 am
SHAILESH JAIN Advocate JAIN ASSOCIATES.(ADVOCATES)

Re: Chq Bounce Case against legal hirer for chq presented after death

Cheque returned complaints are filed only against the Drawer of the Cheque. Here in your case you had not clearly mentioned that whether the Drawer of the cheque is Ltd Co. or proprietorship firm. In case the Drawer of the cheque is dead, then you can file civil suits for recovery of money against their Legal Heirs.

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Answered on 5/18/09, 1:07 pm


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