Cheque given as security for money borrowed by person before death


My father died few weeks ago and today a person came to me and said that my father have taken 20000 rupees as debt and given a security cheque to him. That person said my friends's father was witness in this. I didnt knew anything about this before . Plz suggest me what should i do now?

Answers (4)


319 votes

Only One Can do if cheques are issued by you as per Section 138 NI Act, the drawer shall be liable only if;
A) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of validity, whichever is earlier;
B) the holder of the cheque makes a demand for the payment of the cheque amount by giving a legal notice to the drawer within 30 days of receipt of information by him from the bank regarding dishonor;
C) the drawer of the cheque fails to make the payment to the drawee within 15 days from receipt of legal notice.

so just produce the death certificate of accused and Accordingly, the proceedings against accused were abated
please read judgment Vishnupant vs Kailash as per no liability is enforced.

also go through supreme court judgment

SUPRA BUSINESS PVT. LTD.
Versus
NATIONAL PLYWOOD INDUSTRIES PVT. LTD. AND ORS.
regards


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294 votes

As per law security cheque is also fall under/sec 138 of NI Act.
You have remedy that. firstly you ask that about his dealing with your father, also check account books so that it may clear that what kind of payment had to paid by ur father.

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71 votes

Go and verify yourself whether the claim is real or not. It is just 20K. Give it and matters end here. Otherwise, they can claim from left over assets of your father, be it house, bank accounts or land. They can file a civil suit and recover money.

200 votes

If your father had taken loan and issued cheque then after his death legal heirs are liable to pay in case they have inherited any estate from their father in case they have not inherited any estate then they are not liable. There is only civil liability.

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