Some one has misused my signed cheque

693 votes

Once the cheque relates to your account and do not dispute your signature on the said cheque then initial presumption as contemplated under Section 139 of the Act is in favour of the payee of the cheque. which is mandatory presumption and not a general presumption, but you are entitled to rebut the said presumption. What is required to be established by you in order to rebut the presumption is dependant on circumstances. But the fact remains that it must be more than a plausible explanation by way of rebuttable evidence. In other words, the defence raised by way of rebuttal evidence must be probable and capable of being accepted by the Court.
If fnot understood personally consult n advocate

Advocate S.K Prabhakar Shetty LawRato

811 votes

Consult and discuss and contest the matter and defined your self through your lawyer, consult and file objection on mail complaint. Need to consult and discuss personally and contesting on your behalf.

Advocate Sharanagouda S. Patil LawRato

653 votes

Under section 138 of the negotiable instrument act, if the bearer of the cheque claims that cheque was issued to him in lieu of the legally in foreseeable debt bearing the signature of the drawer of the check he has a good case.
But in your case you claim that, the signed blank cheque has been misused . You ought to have given a complaint at the first point of time when it came to your knowledge. Still the time has not lapsed file a private complaint saying that the cheque has been stolen by the person who has filed a case against you for illegal gratification.

Advocate Dilraj Sequeira LawRato