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Hem chandra Joshi (director)     03 August 2014

Blank cheques has stolen and bounced

 

Dear Sirs,

I am a director  of a pvt ltd company, in the year  2103, first month  of the year ,my accountant told me certain blank  cheuqes are missing ,we stopped them immediately in the month of January  2013.

in the month of July 2014 ,i got to know from my bank statement that one of cheque from same lot  has been presented   in  bank by  by one ex employee  in a heave amount written on it, who has been fired last year(2013).

So Respected experts kindly help me find out the solution of this

!-the employee has put heavy amount even after one and half year of stopped cheque.

2-now he has send some legal notice under section 138.

3-we have never gave any cheque to him, it means he has stolen the cheques.

4-yes he has some disputes with HR because he was not regular during his tenuare in office.

Sirs my question is if there is any provision  in  ni act  ,  because forensic examination of cheque can easily proof that signed  time ,stop date timing are same in January 2013 and amount written time have huge gap.( approx 2014 may),and signed by me and amount and date has not been written by me ..

second thing he is calming that we have given him cheque in 2014 (false date was in june2014) for the liability for 2013 august .

But  the  truth is  that one cheque has been missed and stopped in januaray 2013,how can we give him a cheque to him in January 2013 for uncertain  employment labiality of august ( 2013).he was with company in January ,there  was no surety about his tenure at that time.

Means forensic expert can easily proof that the at the time of stop payment cheque was blank and  gap between signed time and date and amount  timing was approx 18 months.

He look some blank cheques and now misusing that.

 

Kindly advice ,I need a help from expert,

 

 

 

 



Learning

 2 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     03 August 2014

STOLEN CHEQUE STORIES ARE NORMALLY NOT BELIEVED BY THE COURTS.

 

FIRST OF ALL WHY SIGNED CHEQUES WERE MAINTAINED.

 

CASE CAN BE FILED BUT THEY  HAVE  TO  PROVE  LEGAL  LIABILITY.

Sudhir Kumar, Advocate (Advocate)     03 August 2014

repeated https://www.lawyersclubindia.com/experts/138-notice-cheques-stolen-by-some-one--488121.asp

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