Akola: The heir cannot automatically become
"The Payee" in case of death of a person in whose name a
cheque has been issued, the District and Sessions judge N V
Deshmukh ruled in a case here.
Defendant Baheti brothers issued a cheque for Rs 50,000
in favour of Mahendra Patel in December 2008. However Patel
died before the cheque could be deposited. His widow Leelaben
sent the cheque for clearance which bounced for want of funds.
She then filed the case against Baheti brothers.
Senior counsel Krishna Mohta argued that Leelaben was
not a payee and had no locus standi to file the case.
Upholding the arguments, the sessions judge allowed the
revision filed by Baheti brothers, quashed the complaint and
set aside the order of issue process against Baheti brothers
given by the lower court.