Sec 138 ni act

Querist : Anonymous (Querist) 23 September 2011 This query is : Resolved
hello advocates
i just want to ask from u that is there any procedure or ruling in which son is liable to pay in case father who give the cheque is died under sec138 ni act

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M/s. Y-not legal services (Expert) 23 September 2011
No. Son or any other legal heirs not responsible for father's debts under negotiable instruments act.. I mean the dishonour cheque which is issued by father can't bound his son under section 138 of n.i act..

M/s. Y-not legal services (Expert) 23 September 2011
Same time, the cheque holder can sue for recovery of cheque amount against the property of deceased father if any.. Now as a legal heir son is responsible to repay the cheque amount. Suit should be filed in time..

ajay sethi (Expert) 23 September 2011
if accused ie your father died during pendency of criminal complaint in cheque bouncing case the complaint would be dismissed .

if you have inherited any property of your father as legal heir you would be liable in civil recovery suit filed by complainant to the extent that you have inheritedfrom your father

prabhakar singh (Expert) 23 September 2011
No criminal proceeding as envisaged by s 138 of N.I Act can proceed against Son or any body else except against the drawer of the check.

However any estate left by him is subjected to recovery of the debt before any distribution to be made among the sons or inheritors of that property ,whoever it may be.Only civil action will survive against the drawer,that too against his estate as "rule of pious obligation of a coparcenary hindu son gone by amendment of 2005"every one now stands on same footing.