Non cts blank cheque

M. Adittan (Querist) 08 October 2015 This query is : Resolved
Dear Experts,

I am a money lender. I gave Rs.5 lakhs after receiving signed non cts blank cheque(without date) from the party in 2014. No legal documents were obtained from the party. Now,the party refuses to pay the amount on the grounds that non cts cheque are not in effect.

Advice requested.

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Guest (Expert) 08 October 2015
Being A Money Lender Apart From the Non CTS cheques you would have Got Collected Other Loan Documents also.Consult your Local Good Advocate

Rajendra K Goyal (Expert) 09 October 2015
If you file case for cheque bounce it has lot of lacunas. Discuss with your lawyer and show him all the documents,

M. Adittan (Querist) 17 October 2015
Dear Experts,

I have some other signed amount filled cheques received from with proper documentation recommended by non-cts party who refused the payment . These cheques have also been bounced and the case is going on.

My question is if I am not able to recover the money from 'recommended persons', can I use the non cts cheque as surety and file a seperate case on noncts party and claim the entire amount.

Thanks

Parthasarathi Loganathan (Expert) 22 October 2015
Get the cheque deposited and collect a non-acceptance memo from the bank (since it is a non-cts cheque) and arrange to file a criminal complaint on the grounds of dishonour under NI Act besides under penal provisions of IPC. Of course, the process has now become very tedious and time consuming.

M. Adittan (Querist) 24 October 2015
Dear Experts,

Can I fill up blank cheque without consent of cheque drawer? Is consent required oral or written?

How can I make this blank cheque as surety to others' non-payment? Any documentation required?

Thanks,

Parthasarathi Loganathan (Expert) 24 October 2015
Execute a Demand Promissory Note for the amount and the get the cheque amount filled up accordingly.

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