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Rohan Kapoor (MBA)     17 October 2012

8 years old blank cheque and stamp paper! need help :(


Respected Sir,

I would like to seek help regarding Blank cheque and Stamp paper. My brother had taken an educational local back in 2003 for 12 Lakh rupees from State bank and my grandmother had given her residential house papers as security.My uncle had taken 10 Blank cheques and few blank stamp papers with signature from my parents without any agreement. We have completed the payment of bank loan and the documents have been returned to my grandmother.

However, We have become victims of blackmailing-

We have tried to obtain the blank cheques and stamp papers back. But our uncle has refused to return back and he is blackmailing us that we had taken 10 lakh rupees from him personally. He mind has turned selfish and he is blackmailing my dad that he will issue the cheques if payment is not made to him.

I would like to know whether the blank cheques and blank stamp papers with my parents signature are still valid?How can i seek a legal action in this case and fight for  justice.

I would really appreciate your response and looking forward to seek help.


Rohan Kapoor


 7 Replies

Anish Thakur 7018812737 (advocate)     17 October 2012

try to record the vedeo/voice footage of your uncle regarding the black mailing and when you think you have gathered enough eveidences regarding the black mailing ,go to police station and lodge a F.I.R in this concern ,retain the original  record of the evidences with you.

Pradeep Kumar (Lawyer)     17 October 2012

Please send a Legal Notice through a Lawyer mentioning all the facts of the case,under which circumstances the cheques were given. Legal Notice would be evidence in the court,if your uncle files any frivolous case. He could only file Cheque bouncing case on the basis of Cheque and money recovery suit on the basis of false promissiory note on stamp paper.In both conditions you could saveguard yourself by sending a legal notice to demand the blank Cheques and Stamp paper and if he fails to provide,please sue him in the court. Adv.Pradeep Kumar 09871765000.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     17 October 2012

No case can be made out against you so keep quite, by initiating action by you will be sure sign of your gult.

Advocate Rohit (Advocate)     17 October 2012

file a police complaint about the said cheques and the stamp paper which were taken forcefully by your uncle from your parents and based on that compaint you have to instruct your bank for stop payment of the cheques. so that misuse of the cheque could be prevented.


You also need to apply before the magistrate court for cancellation of the valididty of the stamp paper to avoid any misuse.



Advocate Rohit Dalmia



Rohan Kapoor (MBA)     17 October 2012

Thank you for the responses.. I believe that filing a complain would cause more problem and he might misuse the documents against us. I would like to know whether these documents have any validity from the date of issue as they are almost 8 years old i.e.Stamp paper.

Plus the name of the bank has also changed few years ago when State Bank of Indian merged all its local branches into the same name and the name on all the cheques have the previous name of local branch of state bank.

Instead of filing a complain that they are forcefully taken, Can i file a complain for loss/stolen documents?

kumar.S.A.K. (Manager)     19 October 2012

Dear friend,

While you may prove that these blank  instruments so many years old, legally unused stationery will have no expiry date as such, unless and untill they are filled up/written with date of execution. In which case the Law of limitation will come to effect w.r.t. to the date of execution.  To strengthen your case it is better that you should record  the conversation of your uncle black mailing you. By chance you are not able to record by yourself you may think of filing a FIR and Police will do the recording with prior arrangement.   Alternatively you may also do one more option - that is to say, lodge a FIR with the police that these blank documents are missing/are stolen by somebody and ask the police to retrieve these documents. Also publish in the news paper that these documents are missing and anybody misusing them will be prosecuted. It is very difficult to protect your interest with out the involvement of police or court. In any case you should notify your banker for "stop payment" of these cheques. Nevertheless bankers will not honour these cheques as nowadays MICR cheques only will be honoured by the bankers, moreover since already merger of banks has taken place it is not possible to purt thro' these cheques.

K.K.Ganguly (Advocate)     20 October 2012

Your Uncle has to prove the discharable liability against which those cheques were issued to him which will be difficult to prove by him.

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