I lost cheque signed by me someone filed cheque bounce case

751 votes

Sir

Due date fir depositing cheque is 3 months from the date of sighning under section 138 of negotiable Act , if you have signed the cheque in jan its validity must have ended in April. If someone deposited that cheque after April then he doesnt have a valid condition to sue you for cheque bouncing and if you haven't mentioned the date then you have to use the FIR as a proof and hope you have also informed your bank at the time when you cheque was lost ( January) as it would serve as evidence that your cheque was lost nd you have properly informed the authorities.

Thank you

Advocate Tarundeep Singh LawRato

831 votes

Dear Sir,
if you have lodge a computerized FIR on the same day , then you need not worry. The individual who has called you is a fraudster and he wants to extort money from you . You need not be scared at all. Rather you may lodge a counter complaint against him with the police.
Regards.

Advocate Harish Chandra Yati LawRato

858 votes

When you say that you had 'lost' your office bag containing the said cheques, and your wife put them in the bank i.e. had the possession of the said cheques, are you stating that the 'lost' office bag was actually 'stolen' by your wife?



Let's sort your question regarding your defence to the cheque bounce case filed against you by your wife first. Lost / Stolen cheques which were duly informed by you to the bank for a stop payment and also informed by you to your wife, is a valid and strong enough defence under Section 138, Negotiable Instruments Act in addition to the defence that arises by the fact that there would be a difference in the handwriting / ink due to the cheques being blank and the same adds potency to your story of the cheques being lost / stolen.



Coming to look at this from another point of view, in case the lost cheques were infact in the possession of your wife, it amounts to theft, cheating and criminal breach of trust wherein you may file a complaint against your wife under Section 406 & 420 IPC amongst other applicable sections and charges.



Lastly, would conclude stating that all the above defence & rebuttals would hold ground provided you haven't entered into an agreement with your wife for the maintenance of your son for which you had not provided her the same through any mode (cash / cheque) and she thereby used the alleged 'lost' cheques to fulfil your obligation towards the said maintenance.



This is being said as by default, issuing a cheque means you have a financial obligation towards the holder / name bearer of the cheque unless proven otherwise by the defendant, i.e. the person issuing the cheque.

Advocate Siddhant Sharma LawRato

654 votes

Hii..

If you have already filed an FIR then it should not be a problem for you. It seems that someone is trying to get the money from you which is actually not due to him/her. The other thing is that a cheque is valid and can be presented before a bank within six months from the date and as the cheque is of January, it is no more valid in November.
Though from your query it is not clear if you had intimated the bank as well about the cheque being lost. Kindly update me on that part.
The person who is blackmailing you will have to first send you a notice in order to initiate a legal action against you which will have to be replied. For any further queries you can contact me.

Advocate Swati Goswami Dhawan LawRato