Signed blank cheque missing
ANURAG GARG
(Querist) 26 August 2016
This query is : Resolved
sir,
signed blank cheque is missing/lost in pocket but no fill any detail in the cheque and complaint to the bank on that time but any boddy got the cheque and fill the detail on such cheque after 3 month. so please provide the judgement of supreme court or high court related to this metter. but no complaint in police station because no knowledge to file the FIR in Police station in this situation. please provide the case law of the court help in this situation.
Ms.Usha Kapoor
(Expert) 27 August 2016
Dear Client,
You already notified the bank to countermand payment of the lost cheque to the holder or bearer of the signed blank cheque. And bank obeyed your instructions. You can also lodge a police complaint gfiving details of the signed lost blank chequw such as your name or cheque number , name of the drawyee bank and the police after due inquiry will issue instructions to bank to stop payment if any body presents that particular cheque. Your duty ends there. No need to worry.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 August 2016
Supreme court has rejected such stories in recent judgments.
How it is that you were keeping signed cheques and any body got to know about you .
If it is stolen some body will have to deposit in his bank account and give notice and file case causing expenditure and time.
NO THIEF WILL DO IT.
Rajendra K Goyal
(Expert) 27 August 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Missing-lost-my-cheque-613611.asp
Please post any subsequent questions in the same thread.
M V Gupta
(Expert) 27 August 2016
Notice of lost cheque and stop advise given to the Bank is sufficient to prevent encashment of the cheque by any one who has come to possess the same. No need to lodge FIR with the police as mere losing the cheque is not an offence.
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) 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/Missing-lost-my-cheque-613611.asp
