cheques issued without name date and amount

Querist : Anonymous (Querist) 07 April 2011 This query is : Resolved
Dear sir,s

I had issued cheques without date, amount and name but signed the blank cheque and asked my friend that when i will give the cash and collect the cheque back after giving the cash i forgot to coolect the cheque back now after 4 years he deposited the cheques and sent notice of 138 section to me. please inform what should i do.

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Parthasarathi Loganathan (Expert) 07 April 2011
But there are instances that if your proved through your statement of account that subsequent cheques have been passed or issued at a period to substantiate the fact that the said cheque is more than four years and it was given to your friend in good faith, then you can establish your defence. However, you are liable for the amount so claimed as per notice issued under section 138. This issue needs to be settled out of court.

Adinath@Avinash Patil (Expert) 07 April 2011
FIRSTLY YOU HVAE TO REPLY SAID NOTICE STATING TRUE FACTS,YOU MUST PROOVE THAT YOU HAVE GIVEN BLANK CHEQUE FOR ONLY SECURITY.YOU CAN ESTABLISH YOUR DEFENCE.

Parveen Kr. Aggarwal (Expert) 07 April 2011
Better you talk to him and settle the matter.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 April 2011
If process is issued request for forensic examination of writting and file a counter case of forgery and cheating.

Sarvesh Kumar Sharma Advocate (Expert) 10 April 2011
go through u/s-c.p.c.37 .

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