Suit u order 37 cpc against legal heir against dishonored ch

This query is : Resolved 

16 October 2018

A loan is given to Mr. borrower on 25.04.2017 by taking in repayment a post dated cheque dated 25.04.2018 when presented on its date, it returned with remarks a/c freeze. It has come to our knowledge that he expired on 21.03.2018 i.e. before presentation of cheque in Bank on 25.04.2018.
Whether suit under Order 37 CPC can be filed on behalf of this returned cheque of borrower against his legal heir i.e. wife.

Vijay Raj Mahajan (Expert)
16 October 2018

Yes suit under order 37 can be filled against the legal heirs of the deceased borrower.

Dr J C Vashista (Expert)
17 October 2018

What is your query qua dishonour of cheque issued by deceased ?

Madhu Mittal (Querist)
17 October 2018

Respected Sirs,
Thanks with regards for attending my query.
As drawer of cheque died before presentation of cheque for payment in bank on its date i.e.25.04.2018. It is clear that no complaint u/s 138 Negotiable instruments Act can be lodged, but Can suit against legal heir of deceased drawer of cheque be maintained under order 37 of CPC on basis of dishonored cheque in the given situation i.e. the drawer died before the presentation of cheque in bank for payment.

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