Hello dear sir I want to ask that my grandfather had given blank checques in 2012 to a shopkeeper of grocery. and the cheques are in old format. We paid the entire amount in cash. But that shopkeeper still demanding money and said that he ll use the blank cheques and will go for court case. And in last my grandfather also expired in September 2016. Is he liable to file a case?? Please reply me as soon as possible thankyou
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
On your grand father demise even if cheque is deposited and dishonoured no comaplaint under section 138NI would be maintainable
2) the reason being you cannot file cheque bouncing case against dead person
3) if he files civil suit against legalheirs for recovery he has to prove that debt was due and payable
He had not have any proof. He have only 2012 proofs thats only his in book. and i think it's not legal?? Because it's long ago. And time period is three years for file any suit?? Even we have paid in cash he didn't give any receipt to us. That's why we're fearing
Suit has to be filed within period of 3 years
2) if it is not done claim would be barred by limitation
3) your grand father died in 2016
4) obviously cheque could not have been issued after his demise
5) don't bow down to pressure tactics of the grocer
The cheque will not be valid after three months of issue
Further since the cheque signatory also died even the offence if any would be abated
If he is not able to prove the passing of consideration then there can be no case
Moreover your grandfather is reported to have died hence he cannot file case against legal heirs