Negotiable 138

If the Drawer of the cheque is no more, Section 138 cannot be invoked. If you have any proof of giving money to your relative, you have to show the same to the survivors of the deceased. If they do not pay, you may have to move the court by filing a case.

However, there is a catch here. Only if the Survivors have inherited any assets, then only they are liabile (that too to the extent of such assets but no necessarily to the full extent of debt) to pay such debt if proven to have been taken.

Discuss the issue with LRs of deceased.

If they fail to honour commitment of the deceased and still you feel, may file suit for recovery of the cheque amount with interest through a local prudent lawyer.

Under Section - 31 of the N.I.Act, states that at the instant of the death of the drawer, the title to the balance vests in his legal representatives and his own order is not competent to withdraw any part of that which is no longer his property.

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292