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Cheque-dishonour complaints may be instituted only by the payee or a holder in due course. The notes explain that the statutory presumption applies to a holder entitled in their own name to possess the cheque and recover its amount. A deceased payee's spouse was neither the named payee nor an endorsed holder, and the complaints disclosed no probate, letters of administration, succession certificate, or other judicial authority permitting recovery, demand, or valid discharge. As process was issued on the incorrect premise that the cheques were issued to the complainant, the statutory bar rendered the complaints not maintainable. The process orders and consequential proceedings were quashed to prevent abuse of process.
Cheque-dishonour complaints may be instituted only by the payee or a holder in due course. The notes explain that the statutory presumption applies to a holder entitled in their own name to possess the cheque and recover its amount. A deceased payee's spouse was neither the named payee nor an endorsed holder, and the complaints disclosed no probate, letters of administration, succession certificate, or other judicial authority permitting recovery, demand, or valid discharge. As process was issued on the incorrect premise that the cheques were issued to the complainant, the statutory bar rendered the complaints not maintainable. The process orders and consequential proceedings were quashed to prevent abuse of process.
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