A. Kumar Rai (job) 17 October 2015

Cheque liability

Sir,

Someone Got my cheque and deposited in bank. he is saying I have taken a loan of Rs. 8 Lakh and issued him a cheque in lieu to dispose my liability. I never had taken any loan from him never issued him a cheque. He got this cheque (In fact Whole 10 Leaf Cheque book) From some where and trying to harras me as well to blackmail me. What should i do and What documents he need to File complaint regarding this. He sent me a notice for the same for this under section 138 NI Act.

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36 Replies

M.Sheik Mohammed Ali (advocate) 17 October 2015

where are you from ? if you are in chennai call me.

SAINATH DEVALLA (LEGAL CONSULTANT) 18 October 2015

Did U not ditect when the 10 leaf cheque was missing? Something is missing somewhere in UR query as to the true facts/clarify

Anil Agrawal (Retired) 18 October 2015

Friends turned foes. People do not the whole cheque book and not know? Has he given any loan by cheque which you deposited in your bank. If not how it becomes legally enforceable debt? Something does not match.

Anil Agrawal (Retired) 18 October 2015

Come one out with the whole truth.

advocate poonooran (legal advisor) 18 October 2015

How many cheques were signed in that 10 leaf cheque book?

A. Kumar Rai (job) 18 October 2015

Anil ji. I was working there as a partner and our business was going so so. I got a job in Gurgaon and moved to gurgaon. Now the person who was looking after that Office is not there from july and someone picked up all his office material including Furniture from there. 1st cheque of mine was deposited by the same person who picked up the goods from his office. I really dont know whether those signs are mine or not even i dont know how many cheques were signed or unsigned. These may b none or 10.

A. Kumar Rai (job) 18 October 2015

He never gave me any loan and i never depoaited such a hige amount in any of my account. In fact my last transaction in that account was in way back april 2014.

A. Kumar Rai (job) 18 October 2015

Advocate poonooran ji i really dont know how many cheques were signed. May b none or may b ten.

Anil Agrawal (Retired) 18 October 2015

If he has cheques he may go depositing those again.

A. Kumar Rai (job) 18 October 2015

Dhe is depositing 1 cheque one time and send mein notices as of now 3 cheques been deposited and 2 notices are sent by them . I just want to know what should i do now as per law and as per Constitution because i cant fight with him already some cases are against him. What are my legal rights and hiw can i save myself from all this

SAINATH DEVALLA (LEGAL CONSULTANT) 19 October 2015

I dispute UR contention that U R not aware as to how many cheques were signed in that cheque book,I presume U are not comming out with the correct facts.

Anil Agrawal (Retired) 19 October 2015

Agree with Mr.Sainath. Something is fishy and truth is being suppressed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 19 October 2015

If your cheque book or cheque leaves was/were taken without your knowledge, whether they were blank cheques with or without signature or fully made our cheque it is a case of theft you should or should have done the following: (1) Immeditely inform your bank about the loss of the cheque book or cheque leaves with numbers and give stop cheque instructions.(2) more importantly you should file FIR with the police. If you had done these things you can easily explain under Section 139 if the party goes to court. If at the time of filing FIR you were not knowing who the thief was, you will know it when you receive the demand notice under Section:138. Immediately you can give the name/s to the police. If any of the cheque leaves had been encashed police can trace the thief through the bank transactions. With a stolen cheque a thief may withdraw money. He will not be foolish enough to expose himself through Section 138.

As all the above safeguards are available one suspects somehting is wrong somewhere.