Virat 12 January 2018

Blank cheque conditions

I have a blank cheque issued by a person to whom i have lended money 1 year back. Cheque is only signed and all other particulars are blank. Now if i write the amount that i landed him on the cheque and deposit it in my bank account, then would it amount to material alteration of facts under N.I act? What would be the remedies available to me in case of dishonor of cheque?

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9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 January 2018

Intimate to the party about cheque sending for clearance in writing. so that future conflicts may favour yourside.

Virat 12 January 2018

Ok sir, but as it is a blank cheque, only signed by that person, would it attract section 87 of N.I, act which says, "blank cheque is no cheque"

Virat 12 January 2018

Ok sir, but as it is a blank cheque, only signed by that person, would it attract section 87 of N.I, act which says, "blank cheque is no cheque"

(Guest)

What is the proof that it is a blank cheque?? Has he given you in writing?

Advocate Bhartesh goyal (advocate) 12 January 2018

You can fill and use the blank cheque, neither it is offence nor it attracts sec 87 of N.I.Act . Drawer has given you authority to fix it.

Advocate Bhartesh goyal (advocate) 12 January 2018

You can fill and use the blank cheque, neither it is offence nor it attracts sec 87 of N.I.Act . Drawer has given you authority to fill it.

SHIRISH PAWAR, 7738990900 (Advocate) 13 January 2018

You can fill the blank cheque and intimate the party that you are depositing it. And if the cheque bounce you can file cheque bouncing case against party.

(Guest)

under S.118(b) of NI Act, there is a presumption about date stated on the cheque, but this is rebuttable presumption. So if HE can prove that the cheque was delivered prior to 6 months, then no case is made out under S.138. But Hon courts erroneously presume that the authority is there with the payee, no it's not there. No court has understood or attempted to clarify what is "date of drawn" , it is actually date of delivery ,