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Cheque issued & account closed & customer death
09-Jun-2023 (In Cheque Bounce Law)
Two blank cheque were issued and which bank account was closed in 2016 by my relative. now issuer is dead. and Client is claiming the cheque. and send legal notice. What to do next.
Dear Questioner
Under this circumstances you have right to acknowledge him about death of cheque issuer and as per the policy of Sec 138, no case be made out against the family member event hough issuer carry joint account. Joint accounts have no liability. free to call for more legal advice.
Under this circumstances you have right to acknowledge him about death of cheque issuer and as per the policy of Sec 138, no case be made out against the family member event hough issuer carry joint account. Joint accounts have no liability. free to call for more legal advice.
Helpful?
Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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Is legal heirs liable for cheque of drawer?
The court has ruled that if the legal heirs of the deceased partner who drew the check die, prosecution against them cannot proceed unless it can be shown they were in charge of... the said provisions. The provisions of Section 256 C.
What happens if a person dies in a cheque bounce case?
The legal heirs of a complainant who dies while the case is pending under section 138 of NI Act can ask the court to allow them to proceed as a representative. This type of application can be allowed by the Court under section 302 Crpc.
What if the complainant died in criminal case?
The failure to prove it will not result in conviction, nor does the proof of it alone. If the complainant has died before proving it, the testimony of other witnesses or evidence recorded can be used to prove the guilt of the defendant. 16 Dec 2022
In view of the statutory provisions, no proceedings can be initiated for an offence under Section 138 Negotiable Instruments Act, on the legal heirs of the deceased in the event of death of the drawer of the cheque.
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Adv. Rishav Kumar
Ranchi | 25+ Answers
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As per your mentioned issue if the issuer of cheque has died and the other party has issued the notice then mentioned the real facts that the family members of the desseased person has no knowledge of the transaction and not liable to return it if other party accept it then fine otherwise contest the case and hope during the trial you may found relief.
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Adv. Amardeep Jha
BokaroSteelCity | 25+ Answers
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