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138 NI Act - Unsigned Cheque

(Querist) 28 February 2009 This query is : Resolved 
Der Member,

My client running a business of online "Mizoram Gold Win', In the month of Dec.08 one customer purchase bets Rs. 44,000/- on that payment the customer issue 2 cheques of Rs. 25,000/- each to my clients.

Whereas one cheuqe is not signed but the customer signed it on back side

and another is proper and is 'Bounce'

Now, 1) whether I can issue a legal notice for both the cheques, if yes pls provide me format

2) Whether I can mention their lotttery transaction, wht is its authenticity

3) whether I have to mention that the customer takes hand loan of Rs. 50,000/- from my client.

Pls Guide ................urgent If any Pls provide case laws.

Kiran Kumar (Expert) 28 February 2009
well in my opinion if the lottery is legal in ur state then nothing wrong in mentioning the lottery transaction, afterall its a business transaction.

u can use the single cheque which was signed by the accused not the unsigned one. liabilty will come into place when u ll deopsit the cheque and the unsigned cheque will not be considered for valid deposit.

lets c the opinion of other Hon'ble members.
Neeraj Arora (9897136755) (Expert) 01 March 2009
Mr. Cheten, I Am also agree with the opinion of Mr. Kiran Kumar.
RAJINDER KUMAR GARG (Expert) 01 March 2009
I agree with the opinion of Mr. Kiran Kumar
n.k.sarin (Expert) 01 March 2009
I am also agree with the opinion of
Mr kiran kumar.
I do agree with Mr. Kiran Kumar
PALNITKAR V.V. (Expert) 02 March 2009
Unsigned cheque is not covered by Sec. 138. Mr. Kiran Kumar is right.
B.B.R.Goud. (Expert) 07 March 2009
i do agree with my learned friends
Guest (Expert) 08 March 2009
You can filed the complaint u/s 138 of Nego. Act for the complete form of cheque which is duly signed to avoid further complication in the Court. For unsigned cheque we cannot file the complaint.

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