Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Payee or holder status governs cheque-dishonour complaints; proceedings by an unauthorised deceased payee's heir were quashed.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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.....