Negotiable Instrument Act.

Rahul Singh (Querist) 03 February 2010 This query is : Resolved
&In case when a Cheque is given by say A to B for rs.5000.00.Later on B dies.After death of B his parents C,D file a case of cheque bouncing stating to be the LR's of B also Holder in due course of the cheque as per the language in S.8,9,118(g)of Neg.Ins.Act.
Qs- Whether such compliant is tenable or not?Kindly give citation if any.

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Arvind Singh Chauhan (Expert) 03 February 2010
Yes it is tenable. Go through the case on the same fact "Payee died before presentation of cheque to bank- his wife presented- on death legal heir could file complaint"
SMT. BHAGAVA V/S M/S SRI KADASIDDESHWARAD TRADING COMPANY AND ANOTHERS -CRIMES-2004(1)-KER-701

Raj Kumar Makkad (Expert) 03 February 2010
Nothing to add in the opinion of arvind.

Rahul Singh (Querist) 05 February 2010
Kindly give a ruling against this, and if there is any judgment of the Apex Court in this respect?

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