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”?
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Usually cheque bounce cases are not transferable but consult with local legal expert and find out its possibility if there are special circumstances.
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