Sec 138
tulsi
(Querist) 11 March 2017
This query is : Resolved
Dear sir.. I am from malad. I came in to agreement with company in 2012 and provided 3 security blank cheque while agreement.
Suddenly after 3 months dispute with company arises and they used blank signed cheque .put date and amount on cheque themselves without my knowledge.matter in court now.
My query is that .. 1)blank cheque given at time of agreement how to prove.
2) I had kept xerox copy of blank signed cheque given to co. With myself.and same acknowledge of blank chequ given to employee of company taken on mail from him same xerox copy
3) I had company mail for providing blank cheque which clearly mentions 3 blank cheques for security by genral manager and branch manager .. Is it helpful in defence
4)amount written by company on cheque is is outstanding balance shown by them in their statements. they never communicated me regarding recovery of payment i have to pay them but not that much mentioned by them. till date i had not received
5)i alredy informed them by legal notice that u have 3 blank cheques signed by me and there is chances of misuse by u so i had done stop payment of that cheques so pls return that cheques
after receving my notice of demanding blank cheques they put up a date and executed in bank after 8 days of my notice.
is comlain maintainable agaist me?
Guest
(Expert) 11 March 2017
Have you Submitted Stop Payment Letter to Bank in Detail and had taken Acknowledgement.Consult a local Good Senior Advocate with all details and Proceed.(Please Visit the Post regarding Blank Cheque Posted by me Today with Title "Issuance of Blank Cheque"
Guest
(Expert) 11 March 2017
When you have almost acknowledged that you have given blank cheque to the company that itself denotes that you have given free hand to the company to to fill any amount due from you, irrespective of whether they informed you or not.
To be frank, you are not likely to succeed if you file a case against the company. Your own photocopies of blank cheques can go as evidence against you that you willingly gave blank cheques without any pressure.
tulsi
(Querist) 11 March 2017
rajkumar sir ,
i had submitted to bank reguarding stop payment on 27 july then after infomed to company also on 22 aug that i had stop payment all 3 blank cheques given you as security after receving my notice , company put day before date 21 aug and cheque comes to clearing on 1 september ...
tulsi
(Querist) 11 March 2017
dhingra sir ,
i h=gave them cheques @ of ageement of distribution of products. and i had received mail for this from genral managaer and branch manager for 3 blank cheque ,i had copy of blank cheque given to them and also taken aknowlgdement on mail same copy of blank cheques given to them by area sales manager of company ..
one point also need to discuss withu that ... in company"s sec 138 notice , they c omes withntheory that they made me reminder reguarding outstanding balance and after repeated folloew up i hadgiven them cheque with particular date ,,,,
now tell me if i had given them free hand to fill up blank chq why they cant ch tome up witaht point mentioning that ,, we have security heques and filling after long follow up
Guest
(Expert) 11 March 2017
Dear Tulsi,
If you give information in bits & pieces, you should not have believed that anybody can guess what happened and in what circumstances you gave blank cheques and what was quoted by the company in notice to you.
My response was based on the half baked information you provided in your original post.
Of course there is a point if the company files a case against you and your lawyer asks them to prove that they followed up you to repay their dues. But still, if they have not filled in the amount more than their dues in the cheques, their point would stand proved about your liability towards them to pay.
Stop payment notice to the bank without prior notice to the holder of the cheques often go against the party who issued cheques and then stopped.
However, instead of facing court trial, it would be better for you to get the case settled amicably.
Guest
(Expert) 11 March 2017
With the Evidence of Stop Payment Letter Submitted Consult A Local Good Senior Advocate Immediately with out allowing the Other side for further proceeding.No Amicable Settlement is required with Fraudulent Criminals
tulsi
(Querist) 11 March 2017
dhingra sir ,,
its not getting important to consider on their demand on mail i had given them blank chewque as given for securiy only . it clearly proves its given for future liability not current liability
Guest
(Expert) 11 March 2017
Ms Tulsi,
There is no use of entering in to vague arguments as you seem to be interested in getting solution to some academic queries, as usually and frequently you give blank cheques to some one or the other, as you came exactly with the same story some 6 months back at the following thread:
http://www.lawyersclubindia.com/experts/sec-138-614191.asp
Needless to made adequate advice was rendered to you by me and various other experts also. It seems, you have revived the same question now also.
Even if it is a different case, you can follow the same process as you adopted in that case.
However, if there is even slightest truth in your story is really facing any such problem, I may frankly say without mincing words that the case is maintainable against you.
Rajendra K Goyal
(Expert) 11 March 2017
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/sec-138-614191.asp
Guest
(Expert) 11 March 2017
Agreed with MADAM Rk Goyal
Adv. Yogen Kakade
(Expert) 12 March 2017
In such case to defend yourself, you need a good local lawyer. It is good that after making the stop payment, you have informed the opposite party about the same. But you are always liable for the consideration which was promised while issuing the cheques.
Ms.Usha Kapoor
(Expert) 13 March 2017
AGREE WITH YOGEN KAKADE AND DHINGRA ji.
Guest
(Expert) 13 March 2017
Usha ji,
Thanks for agreeing with me.
Dr J C Vashista
(Expert) 13 March 2017
Very well advised by experts Mr. PS Dhingra and Mr. Yogen Kakade, I agree.
The blank cheque issued by you, duly signed and issued from your bank account maintained by you do not absolve you from your legally enforceable debt since presumption u/s 139 of the Negotiable Instruments Act, 1881 is against you.
However, if you are able to prove that the subject cheque(s) were issued as security for the goods "to be supplied" and an endorsement to that effect existed on the face of the cheque(s), you may get benefited and onus will shift on complainant in a case filed u/s 138 of the Negotiable Instruments Act, 1881.
Seek advise/services of a local senior/ prudent lawyer.
Guest
(Expert) 13 March 2017
Dear Dr. JC Vashista,
Thanks for your appreciation.
Guest
(Expert) 13 March 2017
Dear Author Do not just panic.For every issue there would be Remedy and the Only Requirement is Right way of Approach.Refer the Supreme Court Judgement in the Cases of !)Sudhir kumar Bhalla VS Jagdish Chand (2008)7 SCC 137 2) Vinita .S.Rao Vs Essen Corporate Services Pvt Ltd (2015 ) 1 SCC 527 and 3 )Vijay Vs Laxman (2013) 3 SCC 86.It would add the merit in your defence.Discuss with your Advocate
Rajendra K Goyal
(Expert) 15 March 2017
Any comments on experts by other experts is neither a good habit nor requirement of the thread, avoid such approach.
Try to be sober.
Rajendra K Goyal
(Expert) 15 March 2017
In many threads expert used Mrs/Mr/Ms/Child before addressing me, please use Mr. before my name.
Rajendra K Goyal
(Expert) 15 March 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor
Rajendra K Goyal
(Expert) 15 March 2017
It would be better if the expert would have posted / contributed for the thread rather to go on posting just to satisfy his ego / irritation / frustration.
Guest
(Expert) 16 March 2017
Agreed with Madam RK Goyal
Rajendra K Goyal
(Expert) 16 March 2017
Forum would not gain anything from comments by experts on other experts / contributors. Any contradiction must be addressed with due respect to others.
V R SHROFF
(Expert) 16 March 2017
1)blank cheque given at time of agreement how to prove.ANS : BY COMPANY MAIL " I had company mail for providing blank cheque which clearly mentions 3 blank cheques for security by genral manager and branch manager ."
after receving my notice of demanding blank cheques they put up a date and executed in bank after 8 days of my notice.
is comlain maintainable agaist me?
YOU HAVE DEFENSE AGAINST THE COMPLAINT...
Guest
(Expert) 16 March 2017
Agreed with Madam RK Goyal
Rajendra K Goyal
(Expert) 16 March 2017
Any vague / unwarranted / irrelevant / posts should be avoided.
Neither it is a good habit nor requirement of the thread..
Experts should try to be sober.
