hii....pls sove my problem...
A cheque for Rs.2 lakhs issued by Mr.Nair was returned unpaid with remarks"Account closed".hence drawee has no remedy.....comment on the following statement ...is it true of false??and do give reason...
thanx..
1 Replies
Vinay Raja
(student-IPCC)
(704 Points)
Replied 29 November 2010
Cheque is an bill of exchange which is payable on demand only against a banker.
No the drawee has got a remedy.
He cannot claim from the bank as it is not primarily liable,he can claim from Mr.Nair, he can be still held responsible for honouring the cheque.
If the cheque is post dated cheque(i.e.,after sight), then
the drawee can claim only if he satisfies following condition:
The presentment for payment should be done in aparent tenor and in business hours against the banker. The possibilities are
1)If Mr.Nair has closed his account on or before the maturity date of cheque, he will be held liable for the cheque amount.
2)If it was closed legally by order of government attaching the balance to any liability thereof, after the maturity date, the drawee has got no remedy against Mr.Nair as he has defaulted in presentment of cheque for payment.
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