issue were endorsed by the payee in
favour of the complainant and thus the complainant does not get the status
of a payee ... 5000978/2016 Page 25 of 35
complainant. As observed earlier, complainant has not got the status of a
payee or of the holder
complainant is not the payee of the cheques
in question and as such, he can not institute the complaint.
(iii) The complainant did not prove ... complainant in
the cheques as MUKALCHAND BOTHRA, instead of MUKANCHAND BOTHRA,
cannot be a ground to hold that the complainant is not the payee
required to pay to the Complainant.
7. The learned Magistrate has also concluded that the Complainant was not the payee of the cheque ... given by him to the Complainant there was no question of the Complainant not being the payee of the same only because there
not the payee. The payee was a firm by name M/s New Kruba Jewelers. It was discussed supra that the complainant has filed ... Appellant / M/s New Kruba Jewellers and that complainant was not the payee. In reality, the trial court at Paragraph No.10 of its Impugned
respondent-
complainant. It is, therefore, argued by Advocate Shri
Zarekar that the respondent-complainant could not be
"payee" in terms of definition ... filed and verification
of complainant-payee or complainant-holder in due
course is recorded, his subsequent death will not
prevent his legal heir from continuing
account of
death of payee, trial must be abate and merely because
original complainant payee has died, there could not be
abatement of the proceedings ... 2022
death of payee, trial must be abate and merely because
original complainant payee has died, there could not be
abatement of the proceedings
complainant is not the payee of the cheque. She filed the complaint as a legal representative. Legal representative of the payee is not a holder ... complainant is a legal heir, by paying the amount, to her, he will not get a complete discharge as the complainant is not the payee
account of
death of payee, trial must be abate and merely because
original complainant payee has died, there could not be
abatement of the proceedings ... account of
death of payee, trial must be abate and merely because
original complainant payee has died, there could not be
abatement of the proceedings
reason that
it does not contain proper title and not for want of proper signature.
The payee was advised to represent the cheque after rectifying ... not done. Since the Complainant could not comply
with the requirement, the cheque could not be honoured. In the instant
case the Complainant / payee not
that complainant herein, which is a
Partnership Firm, is nether payee nor holder in due course of
the cheque. Therefore, when complainant is not ... clearly,
evident from the factual aspect that the complainant firm is
not the payee or the holder in due course.
35. While dealing with
