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Missing/lost my cheque

(Querist) 26 August 2016 This query is : Resolved 
sir,
I have lost/missing my cheque dt. 22.07.2015 and i have give the application in my bank for cheque missing/lost and bank stop the cheque in my account as reason for "lost of cheque by drawer" but some boddy got this cheque dt. 19.11.2015 & claim Rs. 10 lacs and file the case u/s 138 of NI Act. so sir please help me. but i have no fill the date, amount and name of party in such cheque, only sign the cheque.
Raj Kumar Makkad (Expert) 26 August 2016
What was your reply against the notice sent by such drawer of the cheque (now complainant)?

Why had you not lodged a police complaint (DDR) against the loss of the cheque book simultaneously to the intimation given to bank?
Kumar Doab (Expert) 26 August 2016
You have posted that;


"I have lost/missing my cheque dt. 22.07.2015 and i have give the application in my bank for cheque missing/lost and bank stop the cheque in my account as reason for "lost of cheque by drawer" but some boddy got this cheque dt. 19.11.2015 & claim Rs. 10 lacs and file the case u/s 138 of NI Act. so sir please help me. but i have no fill the date, amount and name of party in such cheque, only sign the cheque. '




Thus your post is ; 'I have lost/missing my cheque dt. 22.07.2015 ..............but some boddy got this cheque dt. 19.11.2015................but i have no fill the date, amount and name of party in such cheque, only sign the cheque.'




In other words you have signed the cheque and dated it to dt. 22.07.2015.............and did not fill name of party, amount in words,numbers................but the party changed the date to..........dt. 19.11.2015.......



The complaint/case has been filed against you.


Better approach your able counsel and put your facts and situation right, before you reply/represent/appear anywhere.


Rajendra K Goyal (Expert) 26 August 2016
Whether the lost cheque was signed by you in blank? If so any person can fill the cheque and claim.

Engage some senior lawyer and defend the case against you.
Rajendra K Goyal (Expert) 27 August 2016
It seems the author has preferred not to provide asked supplementary information.
Kumar Doab (Expert) 27 August 2016
Author,

Better approach your able counsel and put your facts and situation right, before you reply/represent/appear anywhere.
P. Venu (Expert) 27 August 2016
The author has posted a story than the facts. This story is the usual alibi for the accused in a cheque bounce case.

However, the real fact could be that the accused, in urgent need of money, had approached a usurious money lender, who is so gracious to lend the money against blank, undated but signed cheque or cheques, of course at a prohibitive rate of interest which could be as high as 10% per month. In course of time, even having received the amount much more than he had advanced, the money lender chooses to put a date of his choice, fills up a fancy amount and deposits the cheque in a Bank of his choice. Inevitably the cheque bounces and leads to a criminal case u/s 138 NI Act. The hapless loanee has very little defence, most often suggested by the lawyer, of the lost cheque.

It is my considered opinion these types of cases amounts to gross abuse of law. And there could be good defense based on the truth.
Rajendra K Goyal (Expert) 26 September 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Validity-period-of-cheque-617841.asp
Kumar Doab (Expert) 26 September 2016
Why to repeat?
Rajendra K Goyal (Expert) 27 September 2016
Please refer your following threads on the same subject, why new thread every time:

http://www.lawyersclubindia.com/experts/Cross-objection-u-s-245-617851.asp

http://www.lawyersclubindia.com/experts/Validity-period-of-cheque-617841.asp

http://www.lawyersclubindia.com/experts/Whether-fir-is-file-on-base-of-bank-manager-letter-616376.asp

http://www.lawyersclubindia.com/experts/Cheque-dishonored-charges-614801.asp

http://www.lawyersclubindia.com/experts/Signed-blank-cheque-missing-613666.asp

Kumar Doab (Expert) 27 September 2016
So much of repetition is misuse of resources.


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