Cheque
N.Damodaram Naidu
(Querist) 25 July 2014
This query is : Resolved
Dear all,
I borrowed a sum of Rs.300000/- from a known person on 10th March 2011. The money lender took a blank signed cheque and a blank signed promissory note. Then I have repaid in several installments Rs.568000/-. But The lender did not give me any acknowledgement of receipt of money and also did not give back the cheque and pronote of me and started harassing to pay money additionally by calculating Rs.6/- interest per month. Hence I gave a police complaint with all facts on 22/06/2014 and got receipt in proof of complaint. The police inspector took a written statement from the lender not to harass me hereafterwards on 23/06/2014.
After that the money lender handed over the cheque to another person who is unknown person to me and residing at some other far place which is 400 kms away. He filled the blank cheque for Rs.780000/- and presented for collection on 27/06/2014 and the cheque was bounced. They send a legal notice to me demanding the payment of Rs.780000/-.
Now the question is can I prove the age difference of ink between signature and other contents in the cheque and pronote through forensic examination? Can I defend my self with the ink difference on the cheque and pronote?
V R SHROFF
(Expert) 25 July 2014
U REPLY THE NOTICE THAT i NEVER ISSUED ANY CHEQUE TO YOU, & i HAVE NO LIABILITY TO PAY U ANYTHING AND/ OR rS. 780000/- I do not know you, never had any trns
iF U MENTIONED CHQ NO. IN POLICE COMPLAINT, IT IS IN UR FVR.
dON'T WORRY.
Raj Kumar Makkad
(Expert) 25 July 2014
It is very surprising that you didn't press police to direct the money lender to return your blank cheque and pronote, the over-payment against which already has been made by you. You have also not mentioned whether you had mentioned the aforesaid cheque and promissory-note in your complaint.
Reply the legal notice sent by unknown person through your local lawyer.
P. Venu
(Expert) 26 July 2014
Had you mentioned in your complaint to the Police of the blank cheque taken by the money lender? If so, had you mentioned the cheque numbers?
ajay sethi
(Expert) 26 July 2014
engage a local lawyer and reply to legal notice . if you have mentioned cheque number in your complaint to police station you have strong case on merits
Rajendra K Goyal
(Expert) 26 July 2014
Reply the legal notice, consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
Give a proper reply denying the loan amount and also about the knowledge of the person who issued the notice. Let them file a case in the court, with the help of evidences in your possession, you may give a good fight back.
N.Damodaram Naidu
(Querist) 28 July 2014
Dear Sirs,
Thanks a lot for kind advise. Can I get mobile call data of incoming and out going call details to prove that I have no contacts with the person who misused my cheque for Rs.780000/-? Can it be used as en evidence for defence? Can I lodge a fresh police complaint on misuse of this cheque?
Raj Kumar Makkad
(Expert) 28 July 2014
You can definitely collect evidence in that way and can also lodge police complaint.
T. Kalaiselvan, Advocate
(Expert) 28 July 2014
Any evidence whatever worth it may be, gather and secure them, who knows even this may give a lead to substantiate your rebuttal.
