Cheque

ganeshram gupta (Querist) 05 July 2012 This query is : Resolved
sir
i handed a cheque of rs 1 lac w/o payee name,who encashed in another name. i gave also a promissory w/o name , now i am facing suit .
how can prove there was also a cheque which was encashed filling anothr name . any ruling sir ?

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adv. rajeev ( rajoo ) (Expert) 06 July 2012
How you came to know that cheque is withdrawn in another name?

ganeshram gupta (Querist) 06 July 2012
through the a/c related to cheque

Sudhir Kumar, Advocate (Expert) 06 July 2012
You are not able to describe the facts fucciciently. No proper advise can be given.

Rajeev Kumar (Expert) 06 July 2012
Due to insuffient fact. We are unable to advise properly.

Shailesh Kr. Shah (Expert) 06 July 2012
please put your query clearly.
w/o means?

Guest (Expert) 06 July 2012
Can the litigant prove that he paid you the amount of Rs. 1 Lakh or you owe any money to him on any account? if not let him prove in the court that he is your creditor.

Rasik Dagli (Expert) 06 July 2012
First find out name and address of a person who has encased your cheque. Was it an A/C payee cheque ? When you find the details serve him with a notice to return the amount stating that it was taken by him as a short term loan for few days. Rest will follow.
RASIK DAGLI
Advocate

ganeshram gupta (Querist) 06 July 2012
sir
the box does not allow to paste reply notice in hindi.the creditor had received a cheque and a promissory note for value i lac without payee name.he collected cheque in one his friend name and filed suit for promissory note . now i am facing problem to prove that;
i had given cheque to him and how the cheque reached to 3rd person
2]to fill blank promissory note is not an offence in sec 20 n i act

Guest (Expert) 06 July 2012
You need to trap the payee also, who withdrew Rs.1 Lakh without any liability against you.

ashutosh mishra (Expert) 06 July 2012
It is your lousiness that is costing you.

Can you tell what made you not to write in name of person to whom the cheque was payable,which you are asking so innocently how it got cashed by some one else??

And why then promissory note was executed by you that too blank one??

If you have some convincing story with you then discuss the same with a local lawyer well versed with N I Act.

R.RAJENDRAN (Expert) 06 July 2012
Please lodge a criminal complaint for cheating and conspiracy under section 420 and 120B of IPC

Sudhir Kumar, Advocate (Expert) 06 July 2012
No use of fighting other battle. You owned nothngto recipienct of cheque and fight case on this ground. You will suceed if your lawyer can differentiate between "holder" and "holder in due course"

The person from whom you borrown money will have to file a civil suit.

ganeshram gupta (Querist) 07 July 2012
sir
the plaintiff gave cheque me from firm a/c.for recovery he filled promissory note in individual name,the promissory note ,who received in blamk.
would court accept the different title --the firm and individual in money suit.