sec 138
tulsi
(Querist) 30 August 2016
This query is : Resolved
Dear sir.. I am from malad. I came in to agreement with company in 2012 and provided 3 security blank cheque while agreement.
Suddenly after 3 months dispute with company arises and they used blank signed cheque .put date and amount on cheque themselves without my knowledge.matter in court now.
My query is that .. 1)blank cheque given at time of agreement how to prove.
2)ink change will be considerable
3) I had kept xerox copy of blank signed cheque given to co. With myself.and same acknowledge of blank chequ given to employee of company taken on mail from him same xerox copy
4) I had company mail for providing blank security cheque by company's genral manager and branch manager .. Is it helpful in defence
5)amount written by company on cheque is disputed amount and not current acceptable liability ..and outstanding at the time of providing blank cheque was cleared in next month only..
Pls revert
tulsi
(Querist) 30 August 2016
Shall I process to high court for quashing of case on above merits
Guest
(Expert) 30 August 2016
You will have to state all these facts to the court. if there was no liability on your part towards the company or the matter was disputable with regard to amount. Hire an able counsel to represent you. If you have any other doubts you may contact me.
Regards,
Rit Arora
7838737001
Rajendra K Goyal
(Expert) 30 August 2016
1)blank cheque given at time of agreement how to prove.
Ans: You can prove if the fact is mentioned in agreement with details with supportive evidence.
2)ink change will be considerable
Ans: Holder in due course has right to fill the blanks under certain conditions. In your case it seems only signature is in different ink, rest is in same ink. May not attract provisions of material alteration.
3) I had kept xerox copy of blank signed cheque given to co. With myself.and same acknowledge of blank chequ given to employee of company taken on mail from him same xerox copy
Ans: Document has to be referred, discuss with your lawyer. You have given blank signed cheques knowingly means holder was authorized by you to fill and use the cheque.
4) I had company mail for providing blank security cheque by company's genral manager and branch manager .. Is it helpful in defence
Ans: You may mention as point in defense.
5) amount written by company on cheque is disputed amount and not current acceptable liability ..and outstanding at the time of providing blank cheque was cleared in next month only.
Ans: Take the same in your defense.
In the given facts, quash has little merits.
Kumar Doab
(Expert) 30 August 2016
"and outstanding at the time of providing blank cheque was cleared in next month only..'
Approach a very able counsel ASAP, with all record.
tulsi
(Querist) 30 August 2016
sir ,my all payment to comapny made by rtgs only .3 cheques having number 230061 230062 230063 given for security purpose while agreement . except these cheques all cheque s used only for rtgs .. on 20.4.2012 cheque no. 230060 used for rtgs to company and on 21.4.2012 cheque no. 230064 used for rtgs ..
and on 27.7.2012 i had done stop payment though bank .
and on 22.8.2012 a legal notice send to compny reguarding not to use security cheques as i had done stop paymentand u will be responsible .i had postal receipt also ..... is this sufficient to quash
Guest
(Expert) 30 August 2016
You have a strong defence. Try to defend the case in the court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 August 2016
Cheque law have become more simpler and effective by recent higher court judgments.
It is your cheque and you have signed so case will be filed and do no expect any relief from higher court.
You have to face trial in lower court.
Your only available escape route is to find technical mistakes in the complaint, notice and all other document which are many.
Only an advocate who has won cheque cases can help you to come out of this problem.
tulsi
(Querist) 30 August 2016
the above mentioned facts are sufgicient to win case or not
tulsi
(Querist) 30 August 2016
aa u r saying if cheque signed by me given to other party means it is cheque and given conscent to fill but i never knew qhen it filled and how much it filled and i informed them before cheque ptesenting in bank as stpp payment done. then also they did same.. i had not given conscent to anyone fillup cheque will not attract sec 138
Raj Kumar Makkad
(Expert) 30 August 2016
If you had not consented then why had you given the blank signed cheque? Giving such cheque implies your consent.
What reply had been given put-forth by you against the notice received to you if you ha not to discharge any liability?
Kumar Doab
(Expert) 31 August 2016
Approach your able counsel specializing in such matters with all record.
Let your counsel draft your reply to notice, after examining all record.
tulsi
(Querist) 31 August 2016
sir .. sequence of cheque considered or not which is provided as security cheque
Guest
(Expert) 31 August 2016
Ms Tulsi,
Your query seems to be purely an academic query.
Howevr, can you clarify, may be sequence or no sequence of cheques, what argument you have for signing consecutive blank cheques, and not reporting to police for 4 long years, if misplaced?
You may or may not prove blank cheques given, but signed blank cheques given 4 years back with no report to police for loss of cheques, in themselves speak about your consent to have been given for payment of money. Stop payment if made after 4 years of issue of cheques has no relevance.
tulsi
(Querist) 31 August 2016
dear sir . giving security cheque to company to start buissness is regular.practice now a day .. who rhinks dispute will goes to that level . something will beis the way to prove blank cheque
Ms.Usha Kapoor
(Expert) 01 September 2016
Dear Client,
Agree with experts particularly with Mr.Raj Kumar Makkad and Mr.P.S. Dhingra JI.
Guest
(Expert) 01 September 2016
Ms. Tulsi,
Your clarification has no relevance to my question. If you don't have any answer, don't expect the experts here to give some advice to help you how to prove unethically. That would be the business of your own hired lawyer to think how he should help you, rightly or wrongly.
By the way, what was the business for which you gave 3 cheaues to which company and what were the terms & conditions of the company, what was dispute with the company?
If it is your real problem and you have a copy of agreement with the company, can you send a scanned copy of that to any of the experts for examination and advice? If you like to send that to me also, you may send at sssfi2016@gmail.com
Kumar Doab
(Expert) 01 September 2016
Approach an able counsel specializing in such matters with all record.
Let your counsel draft your reply to notice, after examining all record.
If you have already submitted a reply, show that reply also.
Rajendra K Goyal
(Expert) 01 September 2016
In the given situation agree with the expert Kumar Doab.
Dr J C Vashista
(Expert) 02 September 2016
The presumption u/s 139 read with section 118(b) of the Negotiable Instrument Act can not be rebutted in the given circumstances, since the cheque (even if given blank) was issued against a legally enforceable liability and you can not absolve your liability.
