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My father died a year ago and i have cheque in his name.
02-Dec-2023 (In Cheque Bounce Law)
My father died on 16.12.2018 & he holds 15 cheques without any date but rest of the details filled and given by a bakery owner. He is telling that i will give money and get back the cheque..Till one year now he is not giving the money..How to get money back from him?total cheque value is around 50 lakhs. Can i put a criminal case against him with cheques available with me..I have no other proofs except signed undated cheques & signed written papers...i dint close the account in my father's name & not informed to bank also...Is there anyway I can encash the cheque & put cheque bounce case against him ..Iam n need of the money for my sister marriage...our entire family is depending on tat money..My father believed him to the core and now he is betraying us & trying to not give even single rupee of money..pls help how to approach
first of all, it depends upon written signed papers which you have in your hand and any proof for the advancement of loan given by your father....mere signed blank cheques are not sufficient to file the case..If there is any proof that your father gave loan to him, you can file a criminal case of cheating..not cheque bounce case..
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Adv. Mohamed Kassim
Chennai | 25+ Answers
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Is it a legally enforceable debt? was the amount given vide bank account or by means of legitimate source? If you have proof of such genuine transaction, you can file a Money suit and user this cheque as a promissory note., even without putting it for collection.
on the other hand, you cannot put the cheque for collection and initiate a cheque case on behalf of a dead person. Criminal law doesn't allow that. however, your have the option to take it civil.
on the other hand, you cannot put the cheque for collection and initiate a cheque case on behalf of a dead person. Criminal law doesn't allow that. however, your have the option to take it civil.
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Adv. Sathya Narayanan Subramanian
Coimbatore | 200+ Answers
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In this stage, u will send the demand notice to him. If he did not come to compromise with you, After that you will file money suit against him and recover the money in your jurisdiction. After getting the Decree against him, you will file E.P against him.
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Adv. Dhanagodi
Erode | 25+ Answers
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