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tharun (se)     13 November 2014

Blank cheque validity

Sir,

 

I had given my friend an amount of rupees 1,50,000 in the month of February, 2011. As security, he had given a blank cheque to me(cheque is from canara bank). The cheque has nothing written on it except his signature.

 

Now, about food ideas has been passed and he is not willing to give my money back. I still have that cheque with me. Is it possible to get my money back if I lodge a complaint against him? Can you please advice what to do in this situation. 

 

Thanks.



 28 Replies

Isaac Gabriel (Advocate)     13 November 2014

unless you have authority /documents for having given it as loan,the blank cheque is of no use and cannot be prosecuted in court of law.

tharun (se)     13 November 2014

Hi, Can you please elaborate on what you meant by authority/documents. I only have the cheque and one LIC insurance bond of his(insured amount is rupees 1,00,000).

pervez (adviser)     13 November 2014

Instrument is incomplete, as defined under NI Act,  hence not valid.. tell me who has suggested you to accept these document. while parting with the money...

tharun (se)     13 November 2014

Hi, Nobody has suggested me. Since he was my friend I just have the money. I believe it's gone then. Thank you for your reply.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 November 2014

fill the cheque and present for encashment before the bank and when the bank will issue the memo to you then send a legal demand notice to him within one month from the receipt of the cheque return memo if he is not ready to make the payment then you may file a complaint u/s 138 of NI ACt against him before court.

tharun (se)     14 November 2014

Hi, Thank you for your reply. Just one more thing. Since I have received the cheque about 3 and half years back; I'd the chewier still valid?

Sudhir Kumar (Dy Director)     15 November 2014

is it undated cheque.?

 

You just cannot do anything on the basis of this cheque unless you fill your name and date and it is bounced.

tharun (se)     15 November 2014

Hi, Yes, it's an undated cheque. I will fill my name, date and get it bounced. Then I can approach a lawyer right?

Dalip Singh (Advocate)     16 November 2014

 

Right.  

What Mr. Gabriel wanted to say  is that  it is to be proved in the court from where you got Rs.150000/- and it has been given to your friend.   Your lawyer will explain you don't worry.  Go ahead.

tharun (se)     16 November 2014

Thanks everyone for your help:)

Naresh Sharma (Merchandiser)     18 November 2014

Respected sir,

Need a help. 

I'm to state that  I purchased a piece of piece of land measuring 200sq yards in "mantra nature green" Noida UP thru company Money Mantras Home DTD 4/8/2012.

This land never existed in the maps of Noida Development Authority and hence tantamount a fraud and cheat. This land is not existed at all and hence he has cheated us.

Some documents were shown to us as a support this piece of land. In the above circumstances mentioned above I have visited his office which has been changed now thrice.

On our repeated request/several visits he gave me two cheques amounting 6,00,000rs which has been bounced back by the bank DTD 8/8/2014 due to insufficient balance.

I would there fore request that a case should be file against the cheque bounced and cheating that matter is hanging fire from last two years.

 

Thanks

Best regards

Naresh sharma

 

Naresh Sharma (Merchandiser)     18 November 2014

Respected sir,

Need a help. 

I'm to state that  I purchased a piece of piece of land measuring 200sq yards in "mantra nature green" Noida UP thru company Money Mantras Home DTD 4/8/2012.

This land never existed in the maps of Noida Development Authority and hence tantamount a fraud and cheat. This land is not existed at all and hence he has cheated us.

Some documents were shown to us as a support this piece of land. In the above circumstances mentioned above I have visited his office which has been changed now thrice.

On our repeated request/several visits he gave me two cheques amounting 6,00,000rs which has been bounced back by the bank DTD 8/8/2014 due to insufficient balance.

I would there fore request that a case should be file against the cheque bounced and cheating that matter is hanging fire from last two years.

 

Thanks

Best regards

Naresh sharma

Sanjeev Kuchhal (Publishers)     29 November 2014

Dishonour of cheque _ Blank cheque _ When a person hands over a blank cheque, it must be assumed that such person gives implied authority to the person the cheque is given to fill up the relevant details _ Entries made under such authority cannot amount to material alterations _ Burden is entirely on the drawer of the cheque to establish that the payee had no authority to put the date and amount and then encash the cheque. (See 2007 (2) LJSOFT 57)

For full text visit www.ljsoft.co.in (FREE to register Free to use)

Vishva (Projects)     02 December 2014

Dear Sir,

Please suggest for the appended query related to Fund Insufficient (NI 138): -

I have taken a education loan in the year 2007 and started repayment in the year 2009 till mid 2012  we have almost paid the Principal amount while interest is outstanding as on today and due to financial crunch we could not pay and restart repayment.

We have requested Bank to consider GOI's Circular on Education Loan Waiver which states as follows : -

Interim Budget 2014 in February by the then Finance Minister Chidambaram bring comforts to education loan borrowers stating moratorium period for all education loans taken up to March 31, 2009, and outstanding as of March 31, 2013. hence GOI would take the Liability for Outstanding Interest till 31st Dec 2013.

Now the Nationalized Bank has filed a case against my gurantor who is a pension holder, blocking her accounts and demanding money.

We are ready to cooperate but not a satisfactory answer received from them and they are forcing us to sign loan renewal letter i.e. Promissory Note as we have not signed it for last 6 years.

and just now Bank' Lawyer has recently sent a letter for NI 138 to pension holder stating that your given cheque is not working and due to funds insufficient in account, we will take legal action against pension holder.

Irony is, we have not given a signed cheque to bank in recent 7 years so how they can do this.

Please let me have your thoughts on the same.


Regards,

Vishva


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