Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anil Agrawal (Retired)     06 April 2009

Validity of cheque

 The drawer of the cheque died on 21/10/1998 and the date on the cheque is 24/10/1998 in the handwriting of payee. What is the legal position of this cheque? 

Anil



Learning

 4 Replies

Kiran Kumar (Lawyer)     06 April 2009

post dated cheque.


but now u ll not ve remedy under S.138 of NI when the accused has already died.


move for civil litigation, file a suit for recovery.

N.K.Assumi (Advocate)     07 April 2009

But what the drawee's opinion?. Is drawee satisfied with the maker of the bill of exchange or cheque before payment tp the payee? as specimen signature of the drawer must be with the drawee?

Ishan Goel (Advocate)     07 April 2009

 as PDC has been made by the drawer, the bank is bound to honour the cheque. first present the cheque. If PDC not honoured, then move the court for civil litigation for the honour of the cheque.

B.N.Rajamohamed (advocate / commissioner of oaths)     08 April 2009

A complaint underscetion 138 of the Act, When the complainant dies ,the complaint shall be proceeded throught the legal heir. But when the drawer himself dies there is no provision or procedure for continuing the case with the legal heir of the drawer as the accused.

If you have any proof of execution of the cheque with another person who acted as a guarantor and if he also has issued a cheque as guarantee then the guarantor can be prosecuted using his own cheque issued as security. Otherwise you can file a  money suit by impleading the heirs of the executor.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register