Ramesh Kumar (Project Director) 22 August 2010

Cheque bounce

I have issued a signed blank cheque to my friend as a surety for 10,000/- that I have taken from him 2 years back. At the same time I also gave him a signed ( on the revenue stamp for Rs.1/-) blank promissory note to him. This I have done in good faith. Now when I tried to give him the money back with interest, he says that he gave me Rs.50,000/- and to that extent he is threatening me to go to court. After going through the cheque that he had shown me I understood that he had filled the cheque with his name, figure Rs.50,000/- and in words by closely imitating my writing with the same ball point ink (blue). I am afraid whether I have to pay Rs.50,000/- if he files a case in the court. Please tell me whether I can prove that the time of my signature and the time of filling up the spaces of cheque are different. What are the latest court rulings? Please tell me what is the way out?

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 22 August 2010

issue legal notice to your friend to return the cheque and the blank signed stamp paper. You also send him a DD for Rs.10000 You also inform the bank regarding the payment to your frnd and request the bank to stop the payment of the cheque if it is presented for the payment. And it is important that the information given to the bank should be informed to your frnd.

Ramesh Kumar (Project Director) 23 August 2010

Thanks for your immediate reply. I am very grateful to you because you are here to help people like me. I will immediately issue legal notice. But I have information that that he had filled up the details of the cheque with one Mr. K.Sarma( I don't know who this fellow is) and presented at the bank and it bounced. The problem is that if that Sarma approaches the court after due legal notice, can I prove that I have issued a blank note and cheque to my friend and after 2 years he had filled the details and started troubling me. My point is whether there is any scope to me to establish that the signature was 2 years old and the remaining details are filled up of late. In that case that someone else would be in trouble and I will be saved. Please help me out.

-Regards

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 23 August 2010

In NI 138 cases it is easy to win if you are accused since there are stringent conditions to be followed before a conviction is obtained. And complainant in over confidence make no of mistakes.

But accused make mistakes since in fear and guilt complex and realise when it is too late.

IF YOURS IS REAL STORY KEEP QUITE AND LET THE NOTICE COME FROM COURT.

You will have no of defense opportunities to demolish the story of the complainant.

vijai Rajesh Kalyana sundaram (Legal officer) 24 August 2010

In NIA the age of Ink is also considered to execute the instrument for this refer an advocate to find out the recent citation in Madras High court