Negotiable Instruments Act
sachin sethi
(Querist) 21 September 2015
This query is : Resolved
Can a natural guardian file and maintain a complaint under section 138 of N.I. Act on behalf of his/her minor son or daughter, if the cheque was issued in the name of minor and susequently dishonored.
Anirudh
(Expert) 21 September 2015
You will have lot of difficulty.
First the minor has to prove that the cheque was issued by the giver of the cheque in discharge of liability.
Then the question is what kind of liability?
Then that will lead to contract. Thereafter the question, as to who entered into the contract? Minor could not have entered into a contract.
Lot of explaining you have to do. Currently, no one of us know the facts and circumstances under which the minor got the cheque and what for?
sachin sethi
(Querist) 21 September 2015
Anirudh sir...so far liability and contractual aspect is concerned....same was entered into by the mother of minor on behalf of minor....same was a written contract....nd under the same contract the cheque was issued by the drawer for the better upbringing nd future of the minor, after death of her father.
sachin sethi
(Querist) 21 September 2015
Anirudh sir...so far liability and contractual aspect is concerned....same was entered into by the mother of minor on behalf of minor....same was a written contract....nd under the same contract the cheque was issued by the drawer for the better upbringing nd future of the minor, after death of her father.
sachin sethi
(Querist) 21 September 2015
Sorry due to some technical fault msg has been repeated.
Anirudh
(Expert) 21 September 2015
In that case why do you entertain the doubt whether the natural guardian can file the complaint on behalf of the minor?
sachin sethi
(Querist) 21 September 2015
Anirudh sir...on the ground of holder of cheque nd cheque not being endorsed in any other's favor...
Rajendra K Goyal
(Expert) 21 September 2015
Consult local lawyer and show him all the documents.
