Cheque bounce
Sameer
(Querist) 08 March 2012
This query is : Resolved
CAN I FILE A CHEQUE BOUNCING CASE AGAINST A TRIBAL LADY, WHO TAKE 20,000/- FROM ME AND SHE GIVE ME ONLY A SIGNED BLANK CHEQUE. IF IT IS POSSIBLE THEN WHAT IS THE PROCEDURE AND WHAT WILL HAPPEN OF THAT LADY(WHAT IS THE MINIMUM PUNISHMENT)?
ajay sethi
(Expert) 08 March 2012
has she witten your name on the cheque ? if name and amounts are not written and you fill in the date , name , amounts it would be material alteration of cheque and no complaint under section 138 Ni would be maintainable .
Sameer
(Querist) 08 March 2012
SHE WRITE ONLY MY NAME ONLY AND HER SIGNATURE.
Sameer
(Querist) 08 March 2012
THEN I CAN'T FILE A CASE AGAINST HER???
PLEASE SUGGEST ME SIR. WHAT CAN I DO AGAIN HER?
Sameer
(Querist) 08 March 2012
CAN I GIVE DIRECTLY A WRITTEN FIR TO THE NEAR POLICE STATION AGAINST THIS LADY FOR ARREST ???
V R SHROFF
(Expert) 09 March 2012
CAN I FILE A CHEQUE BOUNCING CASE
ANSWER: YES
AGAINST A TRIBAL LADY, WHO TAKE 20,000/- FROM ME AND SHE GIVE ME ONLY A SIGNED BLANK CHEQUE. IF IT IS POSSIBLE THEN WHAT IS THE PROCEDURE AND WHAT WILL HAPPEN OF THAT LADY(WHAT IS THE MINIMUM PUNISHMENT)?
ANSWER:COURT WILL DECIDE.
SAINATH DEVALLA
(Expert) 09 March 2012
Dear Mr.Sameer,
According to tribals and forest dwellers act 2006, you as a non tribal cannot enter into a transaction with a tribal.It is not valid in the court of law.For your information go through that act. your complaint will not stand and moreover you may land into further trouble.If she represents the matter to the National Committee for scheduled tribes,unnessarily you will be put to hardship.My sincere advice is to forget the episode.
Shonee Kapoor
(Expert) 09 March 2012
Is it true even for ST people who have settled in cities and are on jobs? I don't think so.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 09 March 2012
Dear Shri Kapoorji,
SC & ST ATROCITIES ACT IS DESIGNED FOR ALL THE CATEGORIES THAT ARE INCORPORATED.IT DOES NOT MEAN FOR ONLY ST AND SCs LIVING IN VILLAGES.
ajay sethi
(Expert) 09 March 2012
i doubt that you will succeed in aforesaid case . for recovery of rs 20,000 / you will spend more on lawyers fees.
Deepak Nair
(Expert) 09 March 2012
Dear Mr.Sainath,
Thanks a lot for this valuable update.
venkatesh Rao
(Expert) 09 March 2012
The said act is totally silent about the contracts of commercial nature with the tribal people. The preamble to the act specifically states the right of those tribal with reference to the forest property. More over this act does not supersede even by implication the provisions of contract act.Though she is tribal, she is basically a person competent to enter into contract.
coming to the case on hand, though commercial field permits issue of blank cheques, law will not permit gaps to be filled up later and thus make a document legal.
SAINATH DEVALLA
(Expert) 09 March 2012
Dear Mr.Venkatesh,
I agree with you to some extent.The Act is being misused for personal gains.Personally I have come across such cases.Mr.Sameer will not gain proceeding further except shelling down money towards expenses.
Sudhir Kumar, Advocate
(Expert) 09 March 2012
Section 20 of NI Act
20.Inchoate stamped instruments.-
Where one person signs and delivers to another a paper stamped in accordance with the law relating to negotiable instruments then in force in [India], and either wholly blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority to the holder thereof to make or complete, as then case may be, upon it a negotiable instrument, instrument, for any amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for such amount, provided that no person other than a holder in due course shall recover from the person delivering the instrument anything in excess of the amount intended by him to be paid thereunder.
Filling the cheuqe therefore will not be alteration. If the drawer has signed and written your name and the amount is legally due form her you can file the case.
Recovery of lawful dues is not atrocity but filing vexatious criminal case is atrocity so you have to be careful in satisfying yourself.
Sameer
(Querist) 09 March 2012
@ SUDHIR SIR. I HAVE ONLY THE CHEQUE WITH HER SIGN AND MY NAME WRITTEN BY HER. NO OTHER DOCUMENT(ANY STAMP INSTRUMENT). WHAT CAN I DO? ANY PROCEDURE TO DIRECTLY GIVE FIR TO NEAREST POLICE STATION AGAINST HER? PLEASE SUGGEST ME. I WANT TO SUE HER.
ajay sethi
(Expert) 09 March 2012
there are judgements of bombay high court which holds that if amount , date etc filled in it amounts to material alteration of cheque
V R SHROFF
(Expert) 09 March 2012
Any Citations on this subject N.I. Act 138 cheque, differentiate SC & caste cases, please submit.
File 138 case, and Magistrate id boud to issur process and case starts.
Let her take defense of SC ST,proving it, and her non =liable for payment ..
at least nowhere in 138 n i act.
V R SHROFF
(Expert) 09 March 2012
never fill content by complainant, let him say, she presented it , signing in presence of Compl.
Guest
(Expert) 10 March 2012
the holder of the cheque has right to fill up the matter and make into a valuable security and it being an inchoate instrument. The 138 of NI act will apply if there is no sufficient funds in account of the lady. The Ignorance of law is no excuse. Those who sleep on their rights will not be helped by law.
Guest
(Expert) 10 March 2012
No such bar in the SC & ST act or any act of or section of N.I act. ALL ARE EQUAL BEFORE LAW. HE WHO COME TO COURT WITH CLEAN HANDS ONLY CAN WIN THE CASE.(WITH IDEA)
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 March 2012
Mr Sudhir kumar amount can not be left blank.
Than why twenty thousand why not 20 lacks., or more or less.
venkatesh Rao
(Expert) 11 March 2012
I again stress that filling in amount is definitely material alteration. Yet alteration is permitted to be made by the drawer of the instruments. If the maker of the instrument wants to amend it at any point of time even after it left his custody and in the hands of other who is a holder in due course, he can very well do so as his intention can be gathered at the time of making the alteration. None other than the maker of the instument can ever put a dot other than his signature and endorsement if necessary and thus make the document speak otherwise than it originally spoke.
V R SHROFF
(Expert) 11 March 2012
Any citation that cheque details filled later on [ that too if proved] amount to material alt??
Any n.i.case SCST cannot be tried or punished for /s138
