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Can one take legal action in case of an undated cheque
19-Jul-2023 (In Cheque Bounce Law)
He should give me certain amount while we were dividing property. The registration is complete.there is no agreement and only cheque was given.I was given a cheque from a cheque book which was reported to be lost and also the signature doesn't match. The cheque was signed by him in front me and two others. Amount was written but he did not write the date and name "pay to". He has done that with a plan.Can I go to court with these cheques?
Dear Sir,
I understand that the person has issued the said cheque for security purpose. You can fill your name on it and deposit the same in your account. If the cheque bounces, send a legal notice to him through a lawyer and demand the amount covered by the cheque. If he pays good, else file a cheque bounce case against him. While no offence is made out if the cheque that is dishonored was given only as a security, the court shall presume that it was given for the discharge of any debt or other liability, and subsequently it will be for the Accused to prove that the said cheque was not given for the discharge of any debt or other liability but it was given only as a security. Once the Accused is able to prove it, he shall be entitled to acquittal from the offence of dishonor of cheque. However, in this regard, it may be noted that Section 139 of the said Act raises a presumption that the cheque which has been dishonored was issued for the discharge of any debt or other liability. Section 139 is reproduced as under:
“139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability.”
I understand that the person has issued the said cheque for security purpose. You can fill your name on it and deposit the same in your account. If the cheque bounces, send a legal notice to him through a lawyer and demand the amount covered by the cheque. If he pays good, else file a cheque bounce case against him. While no offence is made out if the cheque that is dishonored was given only as a security, the court shall presume that it was given for the discharge of any debt or other liability, and subsequently it will be for the Accused to prove that the said cheque was not given for the discharge of any debt or other liability but it was given only as a security. Once the Accused is able to prove it, he shall be entitled to acquittal from the offence of dishonor of cheque. However, in this regard, it may be noted that Section 139 of the said Act raises a presumption that the cheque which has been dishonored was issued for the discharge of any debt or other liability. Section 139 is reproduced as under:
“139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability.”
Helpful?
41+
41+
Adv. B. Srikiran
Hyderabad | 500+ Answers
CONTACT NOW
Dear Sir,
I understand that the person has issued the said cheque for security purpose. You can fill your name on it and deposit the same in your account. If the cheque bounces, send a legal notice to him through a lawyer and demand the amount covered by the cheque. If he pays good, else file a cheque bounce case against him. While no offence is made out if the cheque that is dishonored was given only as a security, the court shall presume that it was given for the discharge of any debt or other liability, and subsequently it will be for the Accused to prove that the said cheque was not given for the discharge of any debt or other liability but it was given only as a security. Once the Accused is able to prove it, he shall be entitled to acquittal from the offence of dishonor of cheque. However, in this regard, it may be noted that Section 139 of the said Act raises a presumption that the cheque which has been dishonored was issued for the discharge of any debt or other liability. Section 139 is reproduced as under:
“139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability.”
I understand that the person has issued the said cheque for security purpose. You can fill your name on it and deposit the same in your account. If the cheque bounces, send a legal notice to him through a lawyer and demand the amount covered by the cheque. If he pays good, else file a cheque bounce case against him. While no offence is made out if the cheque that is dishonored was given only as a security, the court shall presume that it was given for the discharge of any debt or other liability, and subsequently it will be for the Accused to prove that the said cheque was not given for the discharge of any debt or other liability but it was given only as a security. Once the Accused is able to prove it, he shall be entitled to acquittal from the offence of dishonor of cheque. However, in this regard, it may be noted that Section 139 of the said Act raises a presumption that the cheque which has been dishonored was issued for the discharge of any debt or other liability. Section 139 is reproduced as under:
“139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque, of the nature referred to in Section 138 for the discharge, in whole or in part, of any debt or other liability.”
Helpful?
26+
26+
Adv. B. Srikiran
Hyderabad | 500+ Answers
CONTACT NOW
Dear Client,
You can go for court to ask for amount as he did not pay the amount in dividing the property. The Cheque given by him was also dishonoured due to non matching of signatures. You can file cheating case against him for cheating you. Engage an expert advocate and file criminal case against him for cheating.
You can go for court to ask for amount as he did not pay the amount in dividing the property. The Cheque given by him was also dishonoured due to non matching of signatures. You can file cheating case against him for cheating you. Engage an expert advocate and file criminal case against him for cheating.
Helpful?
45+
45+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
CONTACT NOW
Dear Client,
You can go for court to ask for amount as he did not pay the amount in dividing the property. The Cheque given by him was also dishonoured due to non matching of signatures. You can file cheating case against him for cheating you. Engage an expert advocate and file criminal case against him for cheating.
You can go for court to ask for amount as he did not pay the amount in dividing the property. The Cheque given by him was also dishonoured due to non matching of signatures. You can file cheating case against him for cheating you. Engage an expert advocate and file criminal case against him for cheating.
Helpful?
40+
40+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
CONTACT NOW
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