Blank cheque
Bhadraswamy Raghavan
(Querist) 04 October 2015
This query is : Resolved
Respected Experts,
A money lender receives only a blank cheque (duly signed)with address proof(as collateral) of an unknown person from a known person (non-trust worthy) and gives huge money .
The known person (non-trust worthy) deceives money lender. The money lender goes to court of law but do not able to recover money.
Now the money lender identifies the "unknown person" and threatens to book a case surety cheque case.
Is it legally possible to sue a case in the Court of law against the "Unknown person"?without any legal documents attaching the unknown person.
Thanks for valuable advice.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
The known person (non-trust worthy) deceives money lender. The money lender goes to court of law but do not able to recover money.
WHY
Sudhir Kumar, Advocate
(Expert) 05 October 2015
ARE YOU THE SAME PERSON WHO MADE QUERY AT
http://www.lawyersclubindia.com/experts/Cheque-misuse-563391.asp#.VhHI-W6N6gA
P. Venu
(Expert) 05 October 2015
A person who issues a cheque cannot be an unknown person.
malipeddi jaggarao
(Expert) 05 October 2015
No reply for repeated queries. Appears to be a mock court problem.
R.K Nanda
(Expert) 05 October 2015
repeated query.
Kumar Doab
(Expert) 05 October 2015
Repeated Query.
K.S.Srinivas
(Expert) 06 October 2015
Yes. It may be as said by Sri malipeddi jaggarao.
K.S.Srinivas
(Expert) 06 October 2015
Yes. It may be as said by Sri malipeddi jaggarao.
Bhadraswamy Raghavan
(Querist) 06 October 2015
Respected Experts,
My question was frank nothing with false intention or motive.
I sincerely feel very sorry as it has been hurted the feelings of hon'ble experts.
Thanks once again for all their valuable advice.
Sudhir Kumar, Advocate
(Expert) 06 October 2015
please give the details sought. Now can form a view without knowing the facts of the case.
Bhadraswamy Raghavan
(Querist) 06 October 2015
Sudhir Kumar Esq.
X and Y are friends. 1 Lakh was urgently required by X. Y demands a blank cheque with signature from X to get from his(Y) relative. X gives cheque accordingly. Y gives 1 lakh. X returns amount promptly. But Y did not return the cheque. This actually happened while 2009.
X forgets to regain the cheque after repeated reminders and took it easy without knowing the consequences.
In 2014 Y gets huge amount say 20 L by using his(Y) own amount filled up cheques from Z money lender with required documents lender insists. Own Cheques of Y bounced and Z files case in court in 2015 but retains X blank cheque purposefully after knowing the fact X is in a good job with social status. No doubt Y misuses X's blank cheque. Now Z threatens X that if Y fails to return the amount he will use X's blank signed cheque to claim entire amount he lost by Y.
Y is bankrupt and ready to suffer imprisonment.
X and Z are unknown to each other till Z informs him over phone (by managing to get X' Mob No.) about his blank cheque with him (Z)and gets shock and desperate.
Fact is X and Z never met in person and do not know each other.
Really there is no legally binding documents occur between X and Z.
The question pin points: Whether Z (Money lender) have any possibility to book a cheque case in any form directly against X to regain his loss by Y having only document i.e.signed blank cheque of X?
This is the gist of the case. Kindly excuse if my English or presentation are poor.
Thanks and Regards.
Sudhir Kumar, Advocate
(Expert) 07 October 2015
why cannot you put the question straight and making it algebra equation.
T. Kalaiselvan, Advocate
(Expert) 11 October 2015
@Author : If the money lender decides to recover money lent he may use all the tactics for achieving the goal. Let the surety fight the case based on the merits in his side if at all the lender decide to file a case.
