Bouncing of cheque given as compensation for death

[Anonymous]

Sir, my husband was electrician and my my neighbour call him on 08.07.2017 for electric repair in his house and when he reached there he abet him to to do the work directly electric pole he was died in electric shock after that neighbour gave a cheque to his family ac compensation and the same was bounce due to account closed by neighbour in these conditions n.i.act attract or not.

[Dr. Ashok Dhamija]

Please note that an offence of cheque bounce under Section 138 of the Negotiable Instruments Act can be made out if the cheque was for the discharge, in whole or in part, of any debt or other liability (subject, of course, to other conditions mentioned in this section, such as issuing a notice, etc.).

From the facts mentioned in your case, it appears that the cheque was issued as compensation for the discharge of the liability arising out of death due to the negligence, etc. If this is so, then the cheque bounce can be filed after following the procedure mentioned in Section 138 of the above Act.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts