Laws Regarding Cheques

 under the proviso of NI Act if a person die before presenting cheque in his account u cant claim

you can request the legal heirs to issue the cheque who are authorised by bank to operate the deseased a/c holder as per nominee procees of bank

If a person die before presenting cheque in his account you can't claim the amount under N.I. Act. But you can claim by way of Recovery suit from his LRs.

I agree with sachin bhatia. You can't claim under NI Act. But  you can file a civil suit for recovery against his LRs because his assets are liable.

you can present the cheque for encashment to the bank, however , if it dishonours, you can not sue the legal heirs u/s 138 NI Act. only remedy you have to file a suit for recovery agsinst the LR's

 If you are aware that the man has died, you can't present the cheque. Forget 138. If there is proof of the debt, go to civil court. Legal heirs don't pay just for the asking.

IF DRAWER OF CHEQUE DIED N.I.ACT 138 IS NOT ATTRCTS.

YOU CAN FILE CIVIL SUIT FOR RECOVERY OF AMOUNT AGAINST LEGAL HEIR.

 Provided legal heirs have inherited father's property - movable/immovable.