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Section-138/142 negotiable instrument act
29-Dec-2023 (In Cheque Bounce Law)
As my husband gives his cheque of his account.And that time my husband signed and issued a cheque in favour of complainant, hence he admitted his legal liability towards the complainant along with that I put my thumb impression and signature.Now my husband is no more. Is there any liability I incurred towards the complainant?
In this regard, I first want to clarify as to where do you put your signature and thumb impression. Which document is that ? Further, criminal liability always abates with the death of the accused person. It is further pertinent to mention that the drawer of the cheque was your husband who now has died and therefore his criminal liability cannot devolve on you. But if you have appended your signature on some promissory note then you can be held liable in a Recovery suit under order 37 cpc. For further clarification, please contact.
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Adv. Ujjwal Jain
Delhi | 200+ Answers
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Yes ,
you incurred a legal liability against the complainant as you are the legal heir of your husband.
You have to pay the cheque amount to him.
You have also put the thumb impression of yours. (Its not cleared is that a joined account of you and your husband ) as you have put your thumb impressions on the issued cheque.
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
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