Legal Question in Civil Litigation in India
cheque bounce
whether the drawee of the cheque present the cheque to the bank after the death of the drawer and file a civil suit for recovery against the legal representatives ?
3 Answers from Attorneys
Re: cheque bounce
Certainly the cheque could be presented and a civil suit for recovery of the amount due can be filed against the legal representatives/estate of the deceased.
However, no criminal case for offence committed under section 138 could be filed against the drawer's legal representatives.
Re: cheque bounce
Yes a cheque can be presented after the death of drawee, provided that the cheque is valid. However, after death of drawer, proceedigns u/1 138 are not maintainable. But drawee can certainly file suit for recovery against the LR of drawer. However said recovery is limited with resepct only to the estate of the deceased.
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Re: cheque bounce
A recovery suit may be maintainable against estate of the deceased.
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