ajay (ne) 14 December 2012

Ni 138

dear experts,i am doing business in textile line. one of my friend's friend need urgent money. he was also doing business in textile line ,so i given him 215000 on behalf of his current account cheques.. he said me dont present the cheque , i wil pay you case and will take my cheque back.

he given me two cheques without crossed name and date.....now the same party is run away ..his mobile is also switch off.

now in the same case .

can i have to give cliarification about money ??? why i given him?? income tax entery is possible as matter in saem year.

if i make name and date on these cheques with my writing ,..is it losser point of mine???

please guide me another part in the same case

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4 Replies

Advocate Rohit (Advocate) 15 December 2012

if the cheque is with you then you may fill in the details in the cheque and present them with your banker for honour of the same. You need to do it at the earliest as the RBI has asked banks to change the cheque from 1st January, 2013. therefore, the cheques in your hand will be of no use after 31st December, 2012.

incase it gets bounced then you need to serve a legal notice u/sec. 138 of NI within 30 days fro mthe date you receive bank memo for dishonour of cheque.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Savita Singh (Advocate) 15 December 2012

Agree with advocate Rohit....do it before 1 st jan 2013

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 16 December 2012

Mr. Ajay

kindly dont tamper with cheques. its wrong ehically .

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 17 December 2012

Ajay ji ,

First of all new cheque system have been postponded up to 31.03.2013 .

If you are deeling in such a item which is VAT free , you issue a bill of sales towards him for as per your due debt , after that you present those cheques in your bank , definately you will success in your claim.