misusing of blank signed cheque, now facing 138, help me.


 

I given a blank signed cheque to a person  to give someone. but due to some cercumstences cheque conuld not handover to right person. suddenly broke up relation with him.he misused my cheque.   now i m facing 138 case. in past not any cheque was dishonored in my a/c and never so  big amount  was in my a/c as he filled in cheque. that person came in my contact just 6 month ago. he is in a illegal business( distance degree and fake doc) but i don't have any proof. what should i do ? help me 

rajeshwar

 
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Practicing Advocate

You consult a good local lawyer and discuss all the facts with him/her as to why you have given that  cheque, how it was misused,  show him the notice received and other documents, so that he can guide you properly. From what appears from your post I can only say that even though that person has filed a false 138 case,  the liablility  u/s. 138 NI arises only when it  was issued for some legally enforceable debt.

 
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practicing advocate

Have you replied to the notice issued by a person?  There is a presumption in the act that cheque is issued towards legally payble debt. 

Let me knowwhat the person is doing to  cross examine him you will have to prepare, there is lot of defenses avaialble in NI Act to defend.  So if possible mail the copy of the complaint.

 
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ADVOCATE & DIRECTOR

IF YOU ESTABLISH -IT IS A POSTDATED CHQ, YOU HAVE NO LEGALLY ENFORCEBLE DEBT/LIABILITY TO THAT PERSON .YOU WIN THE CASE.

THE DAY ONE YOU RECEIVE THE NOTICE BE CAREFULLY TO FOLLOW THE LAW, YOU WILL SUCCEED.

BUT CONSULT AN ADVOCATE OF SAME COURT.

 
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Legal Advisor

You are advised hereby ,file a complaint  to police against the person to whom you have issued a blank cheque with your directions to hand over to some one.

 
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Advocate

Cheque is a more danger document than money. Now you have to work hard to establish the circumstances.

 
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Try DNA fingerprinting that the person's got that cheque. Get it sealed by moving the High Court. This is the only tiny escape route as courts don't use belief methods. Further, when he filled the cheque the handwriting would be different. NIA won't entertain forensic stuff. Despite the longest Constitution in the world, India remains anachronistic in so far as science,technology are concerned as of now. Or you can play the fox, tell the court that you'll pay the amount in three instalments. See, who comes. But that could be risky.

 
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law officer

Dear guess

very smart

 
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