Filed cheque bounce case, son joint owner.Can I file case against him?


Sir I have to take money from somone, who has died with signatures on his cheques. when I filed cheque bounced cases before MM, who dismissed that signature on cheques is of deceased, although this is joint account of son and father, and both can ooperate this bank ac can I filed civil suit uo XXXVII CPC. can advise any other criminal remdies to recover the amount and amount is Rs.10 lacs i have to owe and can i recover from his legal heirs left behind and dying person has given pronote for recovery this amount from his legal heirs and legal heirs own large properties in delhi. Pls advise suitably

Answers (1)


259 votes

It is unadvisable to file a criminal complaint, as a criminal complaint would not hold against the legal heirs. However, you can fil for Recovery of Suit as you rightly mentioned, u Order XXXVII. The Court will order the amount to be paid through Order XXXVII,and not through Section 138 Negotiable Instruments Act, as the Accused is dead. They may order for the payment of Interest as well.


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