Who can fill the cheque

This query is : Resolved 
 

(Querist)
23 July 2019

if a blank signed cheque is given to someone than payee can fill the detail on cheque and submit the cheque in bank.
is it neccassary that cheque can be filled by either drawer or payee in case of cheque bounce and when the payee send legal notice to drawer and filled 138 case on drawer.

In our case a signed blank cheque was issued to a financer against the loan, but financer handed over the blank cheque to unknown person, we dout that the name, date and amount are filled by the financer and submitted in the account of unknown person.

Pls suggest i want to know that is that mandotary for payee to fill the cheque in his own handwritting or any body can fill the cheque and submit the cheque in the account of payee.

Thanks


KISHAN DUTT RETD JUDGEOnline (Expert)
23 July 2019

Dear Sir,
If cheque is given without filling in the name of the person then it can be presented by any person whose name will be subsequently written in the cheque.

Please mark “LIKE” if satisfied by my answer.

SHIRISH PAWAR, 7738990900Online (Expert)
23 July 2019

It is not necessary that only payee to fill the cheque in his own handwriting. The signature has to be of account holder.

Isaac GabrielOnline (Expert)
23 July 2019

If filled in different ink,it becomes invalid.

neeraj (Querist)
24 July 2019

Kishan Sir,
As per your reply cheque can be represent and fill by only that person whose name is there in cheque and in whose account the cheque represented. Pls clarify

neeraj (Querist)
24 July 2019

Isaac Gabriel Sir,
Filled in different ink means colour of ink

Hemant AgarwalOnline (Expert)
24 July 2019

1. ANYBODY (manager, supervisor, wife, children, neighbor, politician, leper .... ) can will in the "details" of the cheque, without any further reference to you, PROVIDED you have already signed a Blank Cheque. This has been upheld in several court judgments.

2. By virtue of above, the Signatory (Drawer) of the blank cheque CANNOT escape liability by saying that cheque is lost /stolen /whatever...., UNLESS proved by prior Police Report of atleast 3 months.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C VashistaOnline (Expert)
24 July 2019

It is only signature of drawer compulsory and not other details, which can be filled by anyone.

neeraj (Querist)
25 July 2019

Thanks to All for your reasonable and valuable reply



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