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can I file chq bounce case if I have blank chq 5 year after transactio
23-May-2025 (In Cheque Bounce Law)
I had given a loan of 5 lakhs to someone in 2019 december via bank transfer in his account, in return I had taken a signed blank cheque of his savings account as security. Loan was promised to be returned back in 6 months but now its been more than 5 years and I have not received my money but only false promises and hopes. Now the person has even stopped answering my calls. Can I deposit the security cheque I have by writing current date on it and 5 lakhs amount? will the case be accepted?
Well, you can put the Security Cheque for Encashment, however, there are higher chances that the Cheque may get bounced, I am telling you this from my own personal experience and legal wisdom, then, you will end up filing a Cheque Bouncing Case.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes, if you have the proof that a loan was given and that a cheque was issued against it. you can try honouring that cheque in your bank if the cheque is dishonored showcasing that there is no money in the account of person who issued the cheque then you can file a case under section 138 of N.I. Act.
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Adv. Chanchal Singh
Mumbai | 100+ Answers
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Yes. you can mention the present date on cheque and deposit it in the bank. As soon as the cheque gets bounced, then you will have to send legal notice to the debtor under section 138 of NI Act. If he still does not return baack the money, then you will have to file complaint before the Magistrate Court.
There is no bar in law on filing Magistrate complaint on the basis of a Security Cheque.
In case you require any further legal assistance you may contact me.
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Adv. Shreyas Jain
Mumbai | 100+ Answers
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Well, you can do so, considering the Cheque was given to you as security, that is supposed to be used at such a time, when the issuer of Security Cheque commits default, if the cheque gets bounced, you can file a Cheque Bouncing Case.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Yes. you can file cheque bounce case as you have cheques of current date. You are not bared by limitation. Filing Cheque bounce matter will help you to recover your amount much more faster and quicker as compared to any other mode.
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Adv. Manali Jain
Mumbai | 25+ Answers
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