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Ashique (Self Employed)     17 January 2014

Regarding cheque bounce case

If a guy B gives a blank signed cheque to Mr. A after taking a loan from Mr. A, and then Mr. A writes the amount and name in the cheque and the cheq gets bounced. Then will there be a problem in the court (if Mr. A pursues a cheq bounce case) for Mr. A as Mr A himself filled the details in the cheq signed by B.

Can Mr. A admit that he has written the details but there is genuine sign on cheq by Mr. B



Learning

 5 Replies


(Guest)

Unless the B disagrees of issuing the cheque with evidence whether filled or blank A is strong.

Ashique (Self Employed)     17 January 2014

B has genuinely signed the cheq, it can be proved with witness from the bank official.

So you mean that A can admit in court (if asked by judge or on cross examination) that he has filled up the details.


(Guest)

B had issued the cheque.who filled is immaterial

Uday Kumar (Advocate )     18 January 2014

Dears,

Who filed up the cheque is no dispute as far as cheque would have passed from the Back if Balance was available in the Said A/c.

You need to see if case was filed against any Legal Debt Liability or You have returned the loan in full and this cheque which may have been given as a security which was not returned and later misappropriated.  Hence as far as Cheque was not issued against any Legal debit Liability Cr Case U/S 138 Ni act will not attract.

 

 


(Guest)

Dear Mr.Uday Kumar ji I am not so good in English Could you please come once again


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