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Anil Agrawal (Retired)     03 June 2009

Cheque

 I understand that there are judgements of both High Court and Supreme Court which hold that if the payee's name, date, amount in figures and words are not written by the drawer but signed by him , such post dated cheques will be deemed not to have been executed. I know a case where all the details were filled by the payee himself, including putting the rubber stamp of the payee. In one case, the cheque was dated by the payee in his own handwriting as 24th whereas the drawer died on 21st. What is the position of this cheque?



Learning

 6 Replies

A V Vishal (Advocate)     03 June 2009

Dear Anil

In such a case if it has come to the bank notice of the demise of the drawe, it can freeze all transactions until the legal heirs take charge of the situation, In regard to deceased depositors’ accounts, the legal heirs/representatives will be allowed to operate the account, on recognition of the claim by the bank.

Bhaskaran Advocate (Lawyer)     04 June 2009

On the death of the Accused the case filed against him under N.I. Act gets abated automatically.  

Unless the first summons on the Accused is signed by him the case will never move forward, legal heirs are not liable on the cheque amount.

So far as the filling of the Blank cheque  by the payee, it is allowed as per Section 20 of N.I. Act.   Citations are available in favour of the Complainant regarding this.

 

 

Swami Sadashiva Brahmendra Sar (Nil)     05 June 2009

Both above replies are correct.

Anil Agrawal (Retired)     24 June 2009

 I request the Hon. friends to read the following judgement.

[in the andhra pradesh high court]

AVON ORGANICS LTD.

v. POINEER PRODUCTS LTD. AND OTHERS

 

ch. S. R. K. prasad J. July 4, 2003.

Anil Agrawal (Retired)     24 June 2009

 Please read this also:

KERALA HIGH COURT

J U D G M E N T CRL A No. 668 of 2000(A)

 G.Gopan         :         Petitioner

Vs

 Tonny Varghese   :     Respondent

 

V.K.Mohanan, J

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     25 June 2009

Thanx Mr. Anil for so helpfull judgements.


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