INSUBCONTINENT EXCLUSIVE:
BENGALURU: A son is liable to discharge the liability of his deceased father under the Negotiable Instruments Act as a legal representative
if the former has issued a cheque, the Karnataka HC observed in a recent order, reports Vasanth Kumar P
Allowing a criminal appeal filed by Prasad Raykar from Davanagere, Justice K Natarajan pointed out that under Section 29 of the Act, if the
legal representative of the deceased has issued a cheque, then he is liable personally.The judge pointed out that appellant-complainant
Raykar stated the accused, BT Dinesh, undertook to repay the amount, paid ?10,000 and thereafter issued two cheques towards the rest of the
amount.Once the amount was already repaid, the question of taking contention that it is barred debt does not arise and it gets renewed
The accused, who once paid Rs 10,000 by cash and issued cheque to discharge the liability, is liable for discharging the liability of his
"In this case, the accused is the son of the deceased, who borrowed the loan from the complainant and the accused agreed to repay and issued
As a legal representative of the father, the accused is liable to repay the loan," the judge added
Dinesh's father, Bharamappa, borrowed Rs 2.6 lakh from Raykar on March 7, 2003, for his business and family necessities, and agreed to pay
2% interest per month by executing a promissory note in favour of the complainant.After Bharamappa died, the son paid Rs 10,000 to the
complainant on June 10, 2005
Later, the interest as well as principal amount was calculated at Rs 4.5 lakh and the accused issued two cheques drawn on Vijaya Bank,
Davanagere, for Rs 2.25 lakh each, dated June 7, 2006 and July 7, 2006, respectively
As both cheques got dishonored, Raykar filed a complaint under Negotiable Instruments Act
The trial court directed him to pay the sum to the complainant
Dinesh challenged the verdict before the sessions court, which acquitted him.Full report: toi.in
