Recovery of amount bounced cheque after death of accused


Is possible recovery of amount as mentioned in bounced cheque after death of accused person if proceeding is pending in the court or in case of surrender also?

Answers (3)


70 votes

you can not recover the cheque amount by filling criminal complaint Under section 138 of NI act because criminal lability can not be sift to another person. But you can file a Recovery suit for the money mentioned in cheque from legal heir of person who issue cheque. You can use cheque as a documentary evidence.


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221 votes

summary suit can be filed against the Legal Representatives of the deceased. Complaint under section 138 of NI act is not maintainable, and the only remedy left is civil suit. summery suit is best remedy because it is very speedy.

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Only the Civil remedy is left ie the suit for recovery from legal heirs of the accused which should be filed with in specific time frame ie three years from the date of transaction or if any other date is specified otherwise better to forget because these suits pertaining to recoveries are highly technical.

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