Joint account Chaque with minor signature only Joint account Chaque with minor signature only

1 month ago

I lend 2.3 lakhs to someone and for security he gave me a blank chaque with only signature but the problem is it’s a joint account chaque and the person gave me chaque is minor in that joint account. If he refuses to pay me back can I take legal action using that chaque

Anik

Responded 1 month ago

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A.Dear client, both members must sign a cheque for a joint account. A minor can write a check, but it must be countersigned by a parent. A minor account holder can use a chequebook to withdraw money from their account, but they cannot issue or draw a cheque in favour of a third party. If a minor gives a cheque and it has been dishonoured, the legal guardian who is a joint holder of the minor's checking account is liable under Section 138 of the Negotiable Instruments Act, 1881.
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Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
Please check whether cheque is acceptable with the signature of minor normally it is not acceptable. Please get an endorsement from the Bank and then get issue a legal notice as provided under Section 138(b) of NI Act and proceed accordingly against both the persons.
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