Cheque dishonoured
jagannathan devarajan
(Querist) 27 July 2013
This query is : Resolved
signed blank cheque given but party wrtten amount date by him with dif ink and he has filed under 138 act
advise how to defend
devarajan
ajay sethi
(Expert) 27 July 2013
why did you give blank cheque ? when you issue such a cheque you are authorising the drawee to fill in details .
you can take the plea that material alteration of cheque has been done without any authorisation . date and amount filled in by the drawee
Nadeem Qureshi
(Expert) 27 July 2013
you have to prove it that there is no liability upon you.
feel free to call
R.K Nanda
(Expert) 27 July 2013
no more to add.
Raj Kumar Makkad
(Expert) 29 July 2013
All requirements if proved, offence is made out and there is no remedy just on use of different ink and pen.
dr g balakrishnan
(Expert) 16 October 2015
you cannot give unsigned cheque to any one for that was to be in your custody....so in USA no bank isues cheque books just cheque forms unless yo fill all particulars like from the account number and other details that form is just a scrap of paper only.
first of all when you art with a cheque you have to fill in all particulars before you put your blessed signature.
that way you should save the secrity of yur cheque leaf
dr g balakrishnan
(Expert) 16 October 2015
When u say you signed blank cheque means you took unnessary risk on your bank account, whenever you give a cheque limit the chewque value your cheque so thar would not bounce any time,
you have 3 moths life for the cheque leaf you part, if you put the date , month and year...if you do not put date the leaf could assume three months validity from the date it's presented,
You might also know ignorance of law non excusat.. when you ignored the law how do you expect that law to jump start to protect you, no law is one way street.
you have not stated 3when the cheque was given and when the same was encashed by all kinds of insertions by holder in due course .
you expect your adviser ask you too many questions to know what your real issue is like?
either some fun or some inadequate school type question of a pupil like is your query sir.
dr g balakrishnan
(Expert) 16 October 2015
without details like what, why, where, how, and when not provided you can get peanuts only.
