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Cheque date edited and presented in bank what to do.
10-Dec-2023 (In Cheque Bounce Law)
I have a cheuqe returned case of 12000 on me the cheque was told to be misplaced dated cheque 24/4/12 by my buisness colleuge and when i closed my buisness in june he used that cheque on 15/10/12 by editing the date on cheque as 24/9/12 the editing is clearly visible. the cheque was returned because of account closed. and the notice send by his advocate was also lost in mid way by postoffice. As the cheque is validate for only three months from the date 24/4/12 . And also there is no sign of me on the date edited.
As per the Governing Law, the person who issues a cheque is liable under the Negotiable Instruments Act to the person to whom the cheque has been issued. So in case you have issued a cheque to another person, it will be considered that you owe the person the said amount, and the payment is being made to fulfil your obligation towards that amount due, unless you are able to prove otherwise.
However, since there was no contract of Guarantee, you cannot be made liable to pay the amount.
We advise that you must contest the case by bringing all the facts you narrated above. Once the above said facts will be brought on record, the burden to prove your liability against the complainant shifts to the complainant and he would fail to prove cogently how he came into possession of that particular cheque and in lieu of what service he provided to you he obtained the cheque.
So, take a shot and contest the case as anyways under the so said 'out of court' settlement you are being asked for an amount higher than the amount tendered (falsely written) on the cheque.
However, since there was no contract of Guarantee, you cannot be made liable to pay the amount.
We advise that you must contest the case by bringing all the facts you narrated above. Once the above said facts will be brought on record, the burden to prove your liability against the complainant shifts to the complainant and he would fail to prove cogently how he came into possession of that particular cheque and in lieu of what service he provided to you he obtained the cheque.
So, take a shot and contest the case as anyways under the so said 'out of court' settlement you are being asked for an amount higher than the amount tendered (falsely written) on the cheque.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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