Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Ashish Joshi   07 June 2023

Cheque Bounce Case

Respected All

I had borrowed 115000 with my friend in cash. He took 2 cheque from me as security saying I will return you once you pay my pending money. On those 2 cheques, there was no sign, no date mentioned, no any amount, given a blank cheque.

I paid him all to him, and when I asked to give those cheque return to me, he is not giving me back and asking more to pay, threatening to me submit the cheque in bank.

Again saying cheque was totally blank at the time of giving to him.

My question is is there any ground for me to get out from this situation?



 5 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     07 June 2023

Unsigned cheque is "NO" instrument, which has no value.

1 Like

Ashish Joshi   07 June 2023

But if he himself do dummy sign and deposit chq in bank , then ?

Real Soul.... (LEGAL)     07 June 2023

He will file complaint under section 138 OF NIA, so better to get back your checques, you were not suppoused to pay without eturn of instrument; 

1 Like

Advocate Bhartesh goyal (advocate)     07 June 2023

If your friend  put forged signature on cheque , he will have to face consequences of offence u/sec 467/468 of IPC.

1 Like

Dr. J C Vashista (Advocate and Legal Consultant)     08 June 2023

Prima facie it is either a hypothetical and fabricated story, or moot court topic or time pass query.

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