Blank cheque given

Querist : Anonymous (Querist) 09 January 2012 This query is : Resolved
Dear Sir(s)
I took 1 contract as a sub contractor and I have given one blank cheque(without sing). Unfortunately one controvercial move occured and I had to took step back from the contract.
Now company is going to encash the cheque and there is no balane in my account. Please help me what should I do.

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M.Sheik Mohammed Ali (Expert) 09 January 2012
you are not signed that cheque, so make complaint to police and police station that 2 months before my cheque was losed so any one claim then immediately stop the payment, as per NI act who ever signed in the instrument then only he liable to under NI ACT

prabhakar singh (Expert) 09 January 2012
As the cheque is unsigned,it is not a cheque in the eye of law,in addition it was not issued against any existing liability or debt but seems to have been given for guarantee.
Obviously it is no cheque in eye of law if it was not signed by a/c holder.

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 January 2012
Cheque bounce law is stringent 1) cheque was from the account of accused 2) it is bounced far want of funds 3) liability is presumed and summery procedure for fine and conviction.

BUT ACCUSED HAS RIGHT TO REBUT THE PRESUMPTIONS. Law can not provide for all the eventualities /possibilities and hence power of defense which is power of negative is immense. Darkness is perpetual light has to be sustained.

V R SHROFF (Expert) 09 January 2012
M Sheik REPLIED WELL,

RECENT APEX COURT JUDGEMENT REMOVED BURDEN OF "SO CALLED SIMILAR SIGNATURE" FROM BANK, AND EVEN IF SOMEONE SIGN CHEQUE FOR YOU, YOU WILL BE HELD LIABLE.
You can be prosecuted under sec 138 ni.
So do as suggested by M Sheik, Lodge Police Complain of Lost cheque, and send a copy with letter to bank to stop payment,
Also send notice to sub contractor, that you lost a cheque, and as you used to visit me, or vice versa, in case y got it, it is w/o sign, and pl return me.
It will fully protect you against an fear of 138 ni.

Nadeem Qureshi (Expert) 09 January 2012
Dear Querist
you have only one option to save yourself from NI Act case, Lodge a FIR as Mr. Shiek explained.
I also agree with the experts
feel free to call

Advocate. Arunagiri (Expert) 09 January 2012
Cheque without a sign, is a just a piece of waste paper.

V R SHROFF (Expert) 09 January 2012
GIVE ME YOUR BLANK WITHOUT SIGN CHEQUE AND SEE HOW MANY TIMES YOU HAVE TO COME TO BOMBAY? OR IF yOU HAVE TASTE TO TRAVEL, I WILL DEPOSIT IT IN ASSAM.

LATER ON YOU HAVE TO PROVE IT IS NOT YOUR SIGNATURE!!

and places like Bhopal, Grgaon, you need a local surety, or u can't get bail.
All Finance co use this trick.(eg India Bulls,) No cash bail.
Even Delhi Advocate [35 km] cannot file VP in Gurgaon, [Punjab ] unless jointly with a Local Advocate regd in their Bar, who will sign for 5k . Though I could represent in Amritsar, I was barred at Gurgaon. Judge did not listen.

cons court cases against Bank for forged sign, had changed the entire philosophy that only bank is liable if not signed by a/c holder. Now it is no more. In hurry f business, once sign looks like that of a/c holder, bank is no more liable. You have to take care of your cheque.

Waste Paper can trouble one like anything!! it is cheque.

ajay sethi (Expert) 09 January 2012
address letter to company that you have issue blank cheque. the date , amounts not filled in . request the company not to present the cheque . send letter by Spped Post AD

number of judgements that blank cheque is no cheque . if date a, mounts filled in it amounts to material lateration of cheque no complaint under section 138 is maintanable