Can I recover loan by blank checks signed in 02 by borrower?
Guest
(Querist) 17 July 2009
This query is : Resolved
Can someone file a Court case by filling up the blank cheques and pronotes which were signed in 2002 ?
I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronote etc. are duly signed and thumb impressed by his wife also as a witness.
Now he has stopped paying me anything since last 4 months.
When I demanded my money back, he said that he won’t and I can’t do anything against him legally as it is illegal to get blank or semi blank documents or cheques signed from any one, so I will have to fill up the dates and other particulars in cheques and pronotes and if I will fill the particulars today, it could be very easily detected by forensic science that cheques and pronotes were signed years before filling up the other particulars i.e. date of issuing the cheque and the amount of the cheque. So the court will immediately decline my case.
But one advocate suggested to me that this plea taken by him will not be accepted by court because even if he has signed the blank documents that means he accepted that whatsoever amount or date will be filled up in these documents and cheques will be acceptable to him. In other words even if it is proved by forensic report that cheques and pronotes were filled up years after signing these documents, I will not be at any loss in the eyes of Law.
Who is right –my defaulter borrower or that Advocate whom I consulted?
Please help. It is urgent for me.
Jayashree Hariharan
(Expert) 17 July 2009
It is a common practice to give blank cheques and then deny that they have given blank cheques. It is also common to say that the cheques were signed under compulsion. So don't worry. Only thing is that you have to check the date of the cheques and the pronote (you have to file a case at the end of 3 years from the date mentioned in the pronote). You can file an application for condonation of delay.
Best wishes.
vinjamuri ranga babu
(Expert) 17 July 2009
hi,
there is no bar in filing a civil suit for rrecovry of money. but, as per you all the documents are signed blank, it doesn't mean that he himself admitted and accepted to fill the gaps as per the convinence.so, he cann't escape from the clutches of liability provided it is for the borrower to prove his genuineness. so, dontworyy go a head or otherwise, you willn't recover the money. so, it is your bounded duty is to recover and most important things no advocate would give guarantee for any case.So, legal battle is only last remedy to protect your rights. so dont think about your recovery, if you are interested to go for legal battle go a head. there are lot of things to say, but i cann't.
sorry, for your question.
vr
V.V.RAMDAS
(Expert) 18 July 2009
Dear Madhu,
Please fill the blank cheque, present the same before the bank and after bounce go for U/S 138 N.I act. There is every chance of wining
Sachin Bhatia
(Expert) 07 October 2009
Present the blank cheque after filing the amount, present the same before the bank and after bounce go for U/S 138 N.I act.
