Mahesh Tomar 03 January 2020

cheque given as security

I gave a cheque as security in 2011. it was given for committee purpose. can the cheque be used to file the criminal case against me. transaction(committee amount ) was done in cash.

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If you've given a cheque as security, even years ago, it might be used to file a criminal case against you if demands aren't met. While a cheque given solely as security, and not for a debt, generally doesn't fall under Section 138 of the NI Act, you may still need to defend yourself in court. Proving the cheque was for security purposes with evidence is crucial.

3 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 03 January 2020

Dear sir,

They can use or misuse the cheques handed over to you and on non fulfilment of their demand they can file criminal cases. You have to fight out those cases that is the only option left with you.

Regards,

(Guest)

Any cheque signed and given to any person for security purpose may attract cheque dishonour case.

Hence beaware before handing of any post dated signed blank cheques.

K Rajasekharan (Advocate) 03 January 2020

If you can prove by adducing evidence that the cheque issued was a security cheque and not a cheque for a pre-existing debt or liability, it will not attract the offence under NI 138.

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