(Querist) 28 February 2009
This query is : Resolved
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.
(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.
(Expert) 02 March 2009
Unsigned cheque is not covered by Sec. 138. Mr. Kiran Kumar is right.
(Expert) 07 March 2009
i do agree with my learned friends
(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.