Whether filled Cheque can be transferable to other person?
Situation : • Mr. “A” issued an advance cheque in favour of “B” to purchase a property during sale agreement. The cheque No. 462501. It is not a blank cheque.
• Later Sale deed is executing between A and B along with his entire ‘B’ sibling (say C and D).
• Mr. A issued the stop notice to bank for above cheque. Reason “A” came to know later that property is under dispute among Bs Siblings.
• B and his sibling C, D filed the compromise petition with honorable court and property dispute case is settled in Lok adalath.
• In decree it is mention that “C” received the share amount by the way cheque No. 462501 from “D”.
• After case settled before court, B presented the cheque 462501 to Bank and cheque has been dishonored. Subsequently the case has been filed against “A” by B under NIA act 138.
• Now question is whether A is liable to B or D is liable to C for the same Cheque?
• Whether the filled cheque of in favour “B” can be mortgaged /transferable between “C” and D”?
Lawyers answer this question
No.74, 1st Floor, 6th Cross, Malleswaram, Bengaluru, Bangalore
For More Details Contact On
Usually cheque bounce cases are not transferable but consult with local legal expert and find out its possibility if there are special circumstances.
19 user found this answer helpful
Disclaimer : This answer is based on information given by you hence, It is just opinion of Lawyer. For specific answer you have to give details and facts and choose the Lawyer of your choice.
Lawyers: To answer this question, please Sign In
to your account or wait for admin approval.