Cheque misuse
Bhadraswamy Raghavan
(Querist) 01 October 2015
This query is : Resolved
A blank cheque signed or not signed given by X to Y for some purpose do not return was misused by Y and got huge amount from Z without knowledge of X. Both X vs Z unknown to each. Cheque bounced. Can Z file criminal case against X directly? Can treat as surety? What is legal status between x and Z?
SAINATH DEVALLA
(Expert) 01 October 2015
What do U mean by signed or unsigned Sir,the query sounds academic than realistic.Come out with facts of the transaction.
P. Venu
(Expert) 02 October 2015
Post your real problems, if any.
Bhadraswamy Raghavan
(Querist) 03 October 2015
Thanks for Experts for their quick response and sorry for not having given clear gist of the issue and wasting their precious time.
The real story as follows. My friend X who is in a decent responsible career( with good social status) in a private company gave a blank bank cheque with his signature to his trusted friend Y in 2009 seeking 1 lakh from known source of Y who is jobless. The transaction was completed i.e. amount returned by X. In turn Y did not return the cheque instead of several calls and reminders. Later it came to light that Y was a cheque fraudster and misused his (X) blank cheque.
Now it is learnt several own cheques of Y have been used as colletoral to Z who is a money lender and got huge amount (20L). A cheque cheating case has been filed by Z now 2015 in court of law is going on. Now Z any how contrived to smell that X is in a decent job and threatens that if no amount recovered from Y , Z will fill up the entire cheated amount by Y will be filled up in the blank cheque and separate case filed against my friend X who feels desperate.
Kindly enlighten can Z file criminal case against X directly? Can X's blank cheque utilized as surety of Y? What is the legal position of X? Thanks and regards.
SAINATH DEVALLA
(Expert) 03 October 2015
Is there any document stating that they have been given as suriety cheques?I presume no.
Simply 'Z' cannot fill up the cheque and mention the amount as he likes.It has to be accompanied by any legal document,like a promissory note or a stamped receipt.There are no sympathetic considerations in NI ACT cases.When U have given a cheque it is UR duty to get it honoured,if dishonoured U are liable to be punished as per the act.
In between U have a chance to prove that the complaint is false by substantial evidences from UR side.
So my sincere advice is better ask X,Y and Z to sit together and go for an amicable settlement.
Bhadraswamy Raghavan
(Querist) 03 October 2015
Devalla Esq.
X and Z never come to the picture. Unknown to each other. Hence, no legal agreement between X vs Z.
Foul play by Y breach of trust with X. Y ready to face any sentence without money. So no possibility for triangle round table amicable settlement. Z adamant in regaining his loss by only using the instrument i.e. X's blank cheque.
Your valuable advice, solicited. Thank again.
SAINATH DEVALLA
(Expert) 03 October 2015
Then no other go but to face the proceedings with merits and evicences from his side.
Bhadraswamy Raghavan
(Querist) 03 October 2015
In this context, can Z file a case against X directly without any lawyer notice, or cheque bouncing notice etc.
If the case is proved false in the court of law, can X sue defamatory suit and claim compensation ?
Different valuable views by expects, solicited.Thanks.
SAINATH DEVALLA
(Expert) 03 October 2015
Without the statutory notice can under NI Act cannot be filed.After serving the notice,he has to file a case within 30 days from the date of receipt of the notice.
Bhadraswamy Raghavan
(Querist) 03 October 2015
Is,mere blank cheque is valid without any supporting documents to claim by filling any amount from X in the court of law (NI Act) ?
Views of other Hon'be Experts are solicited.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
REPEATED
http://www.lawyersclubindia.com/experts/Blank-cheque-563891.asp
