Legal Question in Criminal Law in India
Cheque bouncing
In a case of blank cheque, the
payee filled the date as 7th
whereas the drawer died on 3rd.
Does not attract Sec.138 of NI Act?
Asked on 6/03/09, 11:09 am
5 Answers from Attorneys
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
Re: Cheque bouncing
it does not attract Sec 138 NI act
Answered on 6/04/09, 5:28 am
RAMAN KUMAR BHARDWAJ
R.K. BHARDWAJ & ASSOCIATES
Re: Cheque bouncing
not at all , if the drawer has been died, his legal heirs can not be sued under section 138 NI act ,however, the person may file the suit for recovery.
rather his legal heirs should file a comliant aginst the person who misused the cheque.
Answered on 6/03/09, 11:29 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Re: Cheque bouncing
It may not attract 138. however, recovery suit may still be filed.
Answered on 6/03/09, 1:37 pm
Shrichand Nahar
S.V.Nahar, Advocate
Re: Cheque bouncing
Since proceedings U/s.138 NI are criminal proceedings, same can not be instituted or continued against a dead person.
Answered on 6/04/09, 1:13 am
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