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Harsh   18 June 2021

Amount given in cash rs 9 lakh

I have 2 signed blank cheques
How can i handle this case


 11 Replies

Sudesh Kumari (Advocate)     18 June 2021

Stop the cheques in your bank.

G.L.N. Prasad (Retired employee.)     18 June 2021

Are you the drawer of the cheque or payee or holder in due course?.  Was the loan backed up by a promissory note ?  Have you such taxable income disclosing such accounted cash, if you are a businessman is this debt recorded in financial transactions.  Contact a local advocate and act as per his directions.

P. Venu (Advocate)     18 June 2021

No Bank would entertain a blank cheque!

GANDHI MOHAN BHARATI   18 June 2021

Give STOP PAYMENT instructions to Bank

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2021

Supreme Court: If A Signed Blank Cheque Is Voluntarily Presented To A Payee, Towards Some Payment, The Payee May Fill Up The Amount And Other Particulars. This In Itself Would Not Invalidate The Cheque.

1 Like

G.L.N. Prasad (Retired employee.)     18 June 2021

They interpreted the existing clause in NIA with such presumptions of a cheque.  There is a lurking danger if the smart drawer has reported the loss of signed cheques to his bank and to Police.

Adv. Morzaria (Advocate )     19 June 2021

Apart from the blank cheques ...Do you have any other Document executed with the Borrower.

T. Kalaiselvan, Advocate (Advocate)     20 June 2021

If the borrower had given you the blank cheques towards security of the loan amount, and is not returning the loan amount then you can fill the cheque, present it before your banker, get it dishonored, send a legal demand notice to the borrower, subsequently you can file a cheque bounce case under section 138 NI Act.

 

Sudhir Kumar (Retd Govt Officer)     20 June 2021

PLEASE BE CLEAR WITH FACTS.

GANDHI MOHAN BHARATI (Pensioner)     20 June 2021

Even if you have given a blank cheque and though it might not be an offence if the receiver fills up as he likes, NOTHING STOPS YOU TO GIVE 'STOP PAYMENT' instruction t your bank.

Dr J C Vashista (Lawyer)     22 June 2021

A signed cheque, even if it is blank, is presumed to be for a legally enforceable debt and attracts the provisions of Section 138/ 412 of the Negotiable Instruments Act, 1881

 


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