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What can be done if a person has blank cheque of my name ?
25-Jan-2023 (In Civil Law)
i would like to know whether a person just by a bounce cheque with out any proof go to court and claim the amount from the person whose cheque was presented for payment. the problem is like this. i have given my cheques to my friend as i trust him most i gave 4 blank cheques to him as he can use it when i give advice to withdraw from bank for his necessity. he produced 2 cheques and got cash from my account total of 50000/- and the third cheque he used for his office perpose. now the final chque is with his friend who gave him 3 lakhs by providing his cheque and the cheque on mine. my friend had paid interest for almost 2 months (10 % per month) and returned 1 lakh to him. Now my friend is not in good terms with me because of some other problems and the person who holds the cheque is asking me to pay and is saying that he will give a file a suit against me in court for payment. so can he go to court with out any other documents?
If you make sure that the 4th and final cheque is not in the hands of your friend but in the custody of third party so then follow the below things
first you inform your bank that the cheque is lost in transit and asked for stop payment of cheque at the concerned bank.further you tried to get non-traceability certificate from concerned police station where you lost if you cant means no problem simply you give advertisement about lost of cheque in vernacular newspaper through advocate. All those things you did not only for your innocence but to conclude that there is no debt liability owed by you towards third party as per legal requirement under section 138 of negotiable instrument act. When the 3rd party sent legal notice to you for filing of cheque case at that time you sent reply notice that cheque is lost and narrated all said things. after receive legal notice from 3rd party you need to file suit for mandatory injunction directing 3rd party to return cheque of you before concerned civil court and further you are opted to file private complaint under section 200 of crpc by allege that 3rd party had committed criminal misappropriation of property as said in Indian penal code
first you inform your bank that the cheque is lost in transit and asked for stop payment of cheque at the concerned bank.further you tried to get non-traceability certificate from concerned police station where you lost if you cant means no problem simply you give advertisement about lost of cheque in vernacular newspaper through advocate. All those things you did not only for your innocence but to conclude that there is no debt liability owed by you towards third party as per legal requirement under section 138 of negotiable instrument act. When the 3rd party sent legal notice to you for filing of cheque case at that time you sent reply notice that cheque is lost and narrated all said things. after receive legal notice from 3rd party you need to file suit for mandatory injunction directing 3rd party to return cheque of you before concerned civil court and further you are opted to file private complaint under section 200 of crpc by allege that 3rd party had committed criminal misappropriation of property as said in Indian penal code
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Adv. Saravana Kumar
Coimbatore | 100+ Answers
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Yes. He can file a suit saying that you borrowed a hand loan and produce your cheque as a evidence that you gave that cheque for repayment. He also file a criminal case before the magistrate under section 138 of Negotiable instruments. Before filing the petition, he has to put the cheque for collection. In case of cheque bouncing, after sending you demand notice, he can file a petition. There are strict strict time limits to do all these steps.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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You can send a lawyer notice to the person who holds your cheque saying that you don't have any responsibility to pay the amount which was bought by your friend for his own purpose. So ask him to give back your cheque back to you.
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Adv. K Prema
Chennai | 200+ Answers
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HELLO,
Issuing blank cheque amounts to suicidal act. And it is understood that you have given cheque(s) to a third person towards the debts of your friend. Under NI ACT NO CORROBORATION OR Promissory note is required to file i38 case. unless it is gorgery or fraudulent. Mere cheque is enough to go to court when it is bounceced. All the truth about the tranaction can be argued only in the court. Now your friend is the culprit. You have to claim from yur friend only. The only alternative dispute redressal is possible to you is to file complaint First to the POLICE STATION followed by filing a PRIVATE COMPLAINT WITH THE J M COURT.
Issuing blank cheque amounts to suicidal act. And it is understood that you have given cheque(s) to a third person towards the debts of your friend. Under NI ACT NO CORROBORATION OR Promissory note is required to file i38 case. unless it is gorgery or fraudulent. Mere cheque is enough to go to court when it is bounceced. All the truth about the tranaction can be argued only in the court. Now your friend is the culprit. You have to claim from yur friend only. The only alternative dispute redressal is possible to you is to file complaint First to the POLICE STATION followed by filing a PRIVATE COMPLAINT WITH THE J M COURT.
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Adv. R. Sundaramurthi
Chennai | 100+ Answers
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