N i act 138
MANOJ SANKHE
(Querist) 10 September 2011
This query is : Resolved
I had given blank 120 cheques only signed and body of cheque like date amount drawee was left blank.
Now that blank cheque bank using to bounce and filing cases on me
cheques are from same bank same branch producing in same branch.
how to escape?
here before in one case from same matter i had prooved to court that bank had taken blank cheqes from me.
Guest
(Expert) 10 September 2011
Dear Manoj,
It is illeggal on the part of the bank to ask for duly signed blank cheques.
However, as a matter of precaution, to save yourself from any untoward incident of cheque bouncing even by mistake by the bank, better write a letter clearly stating that in the event of the bank having acquired blank cheques from serial so & so should not be drawn for more than Rs............. each month (or the period of interval fixed by bank) and should be presented to your bank in serial order in the sequence noted in the text. Show each serial, date of drawal, amount, etc.
The said notice should be sent under registed post acknowledgement due and also in addition a copy handed over under receipt to the bank.
This process can save your position.
M/s. Y-not legal services
(Expert) 10 September 2011
Dear manoj. Your case is unbelievable.
tell me frankly that whats happend in your case?
Devajyoti Barman
(Expert) 10 September 2011
You are totally silent as to why you have given the cheques to the Bank.
If the Bank has taken those cheques in connection with repayment of any loan then you could do nothing except to face prosecution.
R.Ramachandran
(Expert) 10 September 2011
Please come out with full facts of the case. If you desire an appropriate answer from this Forum, please do not try to present one sided or a biased version of the case. Only when you come out with full facts one will be in a position to apply the mind and come out with some possible solution. Most of the time I find that we have been made to extract the fact from the client (just like one would try to extract a paper from a reluctant donkey's mouth!) before providing an answer.
ajay sethi
(Expert) 10 September 2011
a blank cheque is no cheque . if amounts , date etc not filled in by you then no case for cheque bouncing is maintanable . however you will have to prove that blank cheques have been given by you
PARTHA P BORBORA
(Expert) 10 September 2011
M. Devajyoti Barman is absolutely correct. In my opinion the blank cheques issued against a loan taken from that bank.
Ganesh Chavan
(Expert) 10 September 2011
Hon’ble Bombay High Court in Rajendra Warma v. Ramkrishna Urban Cooperative Credit Society Case while holding that banks cannot prosecute borrowers if the blank post dated cheque issued by them (Borrowers) as collateral security is dishonoured, sending a sense of disappointment across commercial and business circle.
Ganesh Chavan
(Expert) 10 September 2011
I agree with Mr.M.Sheik Mohammed Ali sir.
prabhakar singh
(Expert) 10 September 2011
In so much rush of anticipatory answers, a probable and reasonable can come forward only when you give ears to demand of full facts required by Mr.Ramachandran.
Advocate Bhartesh goyal
(Expert) 10 September 2011
Yes, Mr Barman is absolutely right.If the cheques have been given to bank for repayment of any loan amount then you have to face the trial.
Advocate. Arunagiri
(Expert) 10 September 2011
If the cheques are given prior to obtain the loan, while signing the loan application, those cheques are invalid. Because there is no legally enforceable debt at that time. But, you have to prove that they have obtained the cheques in advance.
If you have given the cheques after getting the loan, it is valid.
