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Gave blank cheque to vendor but he filed cheque bounce case


22-Jan-2023 (In Cheque Bounce Law)
I have taken rice from my vendor and value is 275000. I have issued blank cheque. Vendor filled case against me for the value 275000. But I have paid part amount to vendor and valid balance slip from vendor. Balance amount is 183000. What are the sections applicable for this case.
Answers (1)

Answer #1
953 votes
You have to send a legal notice within 30 days of receiving of the memo of dishonor of the cheque whereby you have to demand the payment of the cheque amount within a period of 15 days.
If the said payment is not made within 15 days, then you can file a Criminal Complaint under Section 138 of the Negotiable Instruments Act within 30 days after the end of the 15 day period.

The defenses available to the defaulter are many. Few of them are:
i. The cheque was not issued for a legally enforceable debt.
ii. The cheque was not signed by him.
iii. The entries made in the cheque are not made by the defaulter. (This is not an absolute defense)
iv. The cheque was obtained by fraud.

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