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sanjiv (manager admin)     09 April 2012

Bounced cheque

sir 

 

i ahve given a blnak leaf of cheque to some one. Cheque was fully blank not written any thing on it not signed. Now he serve me a legal notice under section 138 and 420 he is saying that cheque is bounced. I made a stop payment of the same blank cheque after smelling some wrong. How a blank cheque can be bounced without my signature on it. Now what to do. Please help me



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 19 Replies

Arvind Singh Chauhan (advocate)     09 April 2012

Yes you can chalange it on these goround that, there is neither your signature nor your writing.

madhu mittal (director)     10 April 2012

Please let us know, why a blank leaf was given to anybody from your cheque book ?

sanjiv (manager admin)     10 April 2012

it was given only for account verification purpose

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 April 2012

which account verification. It shows both are known to each other.

sanjiv (manager admin)     10 April 2012

Account varifucation purpose for comodity trading, he asked me to give blankk cheque, i gave the blank cheque and i have all the conversation records about the same in which he said that the cheque is only for varification purpose and no need to write any thing on it even no signature. I send the cheque but after neaxt day when i smeel some wrong i made a stop payment of the same now they serve me legal notice u/s 138 that u have stop the cheque but i dont know filled the cheque and who signed the cheque i asked for copy of bounced cheque

Adv. Ranabir (public prosecutor)     10 April 2012

why had u paid the cheques....nd if u hd paid the cheques...thn..y u didnt tk it back....on this grounds...u can proceed...bt if the court asks ur place..cn u make it clear.....

Adv. Ranabir (public prosecutor)     10 April 2012

first of all you have to apply for quashing of the proceeding under sec138 of  N.I act...thn......u hv 2 proceed...in your own way..

Advocate Bhartesh goyal (advocate)     10 April 2012

Reply the notice mention therein that cheque does not bear your signature and no legally  and enforceable debt lies against you.

sanjiv (manager admin)     10 April 2012

i have given the fully blank cheque and i issued the cheque on 30.03.12 but on 31st i came to know that some thing is wrong and i made the stop payment even it was fully blank. they serve a legal notice to me on 4.4.12 which was received by me on 9.4.12 and today i replied back that the cheques was only for veification purpose and it was fulyy blank and u manipulated the cheque and u urself filled the cheque at your own and it is forgery so withdraw the notice with immediate effect otherwise i will lodge a police complaint.

R Trivedi (advocate.dma@gmail.com)     11 April 2012

If the cheque had no signature of yours, then surely the Bank would have written signature mismatch !!

 

If signature is denied and bank also confirms that it was not your signature, then atleast S.138 is not applicable.

 

You seem to have replied in hurry.

sanjiv (manager admin)     11 April 2012

cheque get bounced due to stop payment made by me not due to signature mis match. I dont know who filled the cheque and who signed the cheque. this is all to trap me and extract money from me by filing false case against me. I asked for photo copy of bounced cheque to verify the sigantures on it as i have given only blank cheque not signed by me.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 April 2012

You said that you have recorded the converstaion means you were knowing the cheque will be misused.

sanjiv (manager admin)     11 April 2012

recodding conversation means chat conversations that i did with him while doing chat on msngr. I have all recoed of chat msngr in which he asked me to send blank cheque. Ys he is known to me but i cam to know about some thing wrong after giving the cheque. Thats y i made the stop payment even i tried to stop the courier through which i send the cheque. I have all the records of chat conversation in which he demanded the fully blank cheque frm me and other details also i have with me.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 April 2012

Than read the chat messages carfully again, it may have even some demaging against you also.


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