Contract with father, cheque given to father, but son forged cheque
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
hello friends,
in a case Mr. A is doing business of property, and MR. B contacted him for purchase of property in delhi, and MR. A made an agreement with MR. B for purchase of property in Delhi for Rupess 10 lacs and further in the same agreement agreed that Mr. A will sell this property again to a Third Party for rupees 20 lacs in few months. MR. B deposited rupees 7 lacs by way of cheque and cash ( there is no receipt for cash) to mr. A and obtained a ACCOUNT PAYEE cheque of rupees ten lacs (10 lacs ) from mr. A as security cheque, Mr. A gave that cheqe on a condition that it is as security without writing name of mr. B but only write amount (20lacs) and date and signed this cheque. lateron MR.B did not fulfilled the agreement and did not deposited balance amount of three lacs and breached the agreement and blackmailed MR. A for paying him 20 lacs, MR. A refused and then MR. B in connivance with his son MR. C, by writing name of MR. C on that blank ACCOUNT PAYEE cheque, presented that security cheque in bank (in account of MR. C) and got that dishonored 2-3 times, and then MR. C (who was not a party to agreement and was stranger) gave a legal notice U/s 138 to MR. A, and MR. A did not repy to Mr. C but gave a legal notice to MR. B for fulfillment of agreement, but MR. B did not file any reply and MR. C ( Son of MR. B) filed a complaint against MR. A u/s 138 NI Act, now what is remedy and defense before MR. A, any citations, judgement please
Raj Kumar Makkad
(Expert) 11 December 2011
There is no relationship of A with C. There is no lawful debt against A towards C so C has to prove the lawful debt without which the complaint shall stand dismissed. It is also mandatory now to fill all the columns of cheque by its issuer and in this case by A which have not been filled by him. The cheque deposited with B for security purpose cannot be got misused especially when A issued a notice to B to comply with his part of contract.
The above mentioned are the defence points with A.
Mohammad Akbar Khan v. Attar Singh
AIR 1936 PC 171
Shonee Kapoor
(Expert) 11 December 2011
Agreed with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
