Check bounce case

If your father is dead then no criminal case can like under 138 NIA be filed against him but yes a recovery suit can be filed to recover the money from the LR's . However it is better to confirm with the lender to get the issue settled out of court, if he is having the cheque means he borrowed or may be there is some transaction, just confirm if he is true speaker ,otheriwise just defend the recovery suit

cheque bounce case will not stand

1. IF cheque is signed by Father, THEN cheque bounce case CANNOT be filed against any Family members, in any manner whatsoever.

2. IF cheque is signed by you /family member, THEN defend the cheque bounce case, by stating that cheque was stolen and you do not have any liability or enforceable debt towards the complainant, in any manner whatsoever.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

He can file civil suit against lrs to recover money not criminal.if he files criminal case then you drag it for more then tree years then after it dismissed he cannot file civilcase as time is barred.

Hi

Thank you for your question

As your father died so no criminal case for the recovery of amount attracts but he may sue you(legal heirs)  a civil case for the recovery of amount.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. 

Hope this will help you

Best regards,

Akshay Gupta

Actually my father taken small amount from him and he has asking for highest figure the check given by my dad was blank cheque what can we do

Let he go to court ,he can claim only on your father's asset not on yours..you defend in court by engaging advocate.if he serves notice deny it or don't give reply notice.

Originally posted by : rakesh
	what can we do

1. For starters you can CRY,   .OR. you can Re-Read other experts Reply and my reply, this time more "S-L-O-W-L-Y", and understand as to what is guided to you.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com