Regarding cheque bounce
kapil sharma
(Querist) 08 December 2016
This query is : Resolved
i had given loan to a person who gave me a post-dated cheque dated 1st of oct.I didnt put that cheque in bank on that date . however,that person passed away two weeks later and i presented that cheque in bank in second week of december and it came back with messeage amount exceed arrangement.what are my legal options now? can i file a case against legal heirs?
Guest
(Expert) 08 December 2016
Once the Person had Passed away How you Could Present the Cheque.Better Consult a Local Good Senior Advocate and Seek the Possibilities of Recovery from his Legal Heirs
Guest
(Expert) 08 December 2016
Your Name is Obviously Anonymous
Hemant Agarwal
(Expert) 09 December 2016
"totall"
INTROSPECT ON THIS, before you " Consult a Local Good Senior Advocate":
1. IF you "were" not aware of the demise of the "cheque signatory /issuer", THEN you would have no reason to not to present the Cheque (which was presented within due period).
2. The above fact can be reinforced from the fact that the Bank returned the cheque with remark "amount exceed arrangement" and NOT with the remark "deceased account" or "account defunct". This happened because the Bank has not been informed about the demise of the account holder. Hence the account is STILL "active" and functional under the RBI parameters.
3. Cheque dishonor is a criminal offence and a "vicarious liability" and is NOT transferable to the legal heirs, as far as N.I. Act is concerned. However, within time limit, matter can be filed before the Civil Courts, for recovery of the civil liability, against the deceased's estate, using various parameters.
4. HOWEVER, "IF" you are functioning as a "Commercial Loan Lender" (under the parameters of the Money Lending Act), "without" proper registration /license, "THEN" the loaned-amount is lawfully NOT recoverable in any Court.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 09 December 2016
Civil suit for recovery against the estate left by deceased through legal heirs may be filed.
Kumar Doab
(Expert) 10 December 2016
Act ASAP, meet legal heirs with copy of proof of amount advanced, acknowledgment, cheques, bank's memo, and Try to recover amicably from legal heirs.
Forgo interest, if suitable to you.
Or attempt to recover from estate of deceased.
Rajendra K Goyal
(Expert) 10 December 2016
Agree amicable settlement is always better.
Dr J C Vashista
(Expert) 12 December 2016
1. You are anonymous author hence deserve no reply, opinion or advise.
2. Very well explained and advised by expert Mr Hemant Agarwal, I fully agree and appreciate his analytical approach and legal acumen.
3. Explore possibility of amicable settlement with the LRs of deceased and drawer of the cheque as advised by expert Sh. Rajendra K Goyal, I agree.
4. Seek professional services of a local prudent lawyer for proper guidance and proceeding.
Kumar Doab
(Expert) 12 December 2016
Consult your very able local counsel with all docs on record.
Hemant Agarwal
(Expert) 13 December 2016
Expert : Dr J C Vashista, is a one of the most SENIOR person on the Expert Panel. He mentions:
" 2. Very well explained and advised by expert Mr Hemant Agarwal, I fully agree and appreciate his analytical approach and legal acumen. "
Special Thanks "Dr J C Vashista" for the comments
and
Heartfelt Thanks to EXPERT "Shri Rajendra K Goyal" and EXPERT "Shri Kumar Doab", who truely endorse my suggestions and advices, to the needy queriests.
Also to mention one another expert, who is extraordinarily ignorantly ARROGANT with an Uruly Mental Itch. Not good in a Legal Profession. Must desist from such habit-forming nuisance.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 13 December 2016
mr.hemant agarwal as earlier mentioned by you in another Thread You are Yet To Justify Legally that "Court Registrar would Help Honorable Judges in Drafting the Orders/Judgement"
Rajendra K Goyal
(Expert) 13 December 2016
Expert Hemant Agarwal,
You are welcome.
