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Prema (Junior Training Officer)     04 December 2010

cheques

A blank cheque is issued for security to a person one year back. Bank Account is closed 6 months back. what will happen if they deposit the cheque and for this type cheques what is the time period for blank cheques issued ? 



 5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     04 December 2010

YOU HAVE TO ISSUE A NOTICE TO THE DRAWEE ABOUT BLANK CHQ AND CLOSER OF A/C.--NOT INVOKE U/S 138.

SALA SATEESH (lawyer)     04 December 2010

Dear Sir,

 

Present the cheque, statement shall have to confirm that the account is closed, if such a situation then it also comes under the purview of the Negotiable instrument act as wellas 420 of IPC too.

But in your instance(blank cheque) you should have to be prove the "debt is legall enforceable" whatever the reasons may be. substantiate the issuance of cheque with proof of liability.

if not supported with the proof then make an attempt to file the case.

 

Regards,

S.Sateesh

 

Advocate Bhartesh goyal (advocate)     04 December 2010

Issue a notice to drawee mention therein that cheque was issued blank towards security and not against any liability or enforceable debt also intimate him that   cheque account has been  closed six month  back so do  not. misuse/  invoke the provisions of sec 138 of N.I.Act.Else criminal proceedings will be initiated.

Adv B.B.Gambhir #9814820602 (advocate)     04 December 2010

file a suit for mandatory injunction directing the respondent to handover the cheque in question given as security as well as suit for declartion that the cheque in question has no value in the eyes of law.

vijayan (lawyer)     04 December 2010

you can defend the case only if you can prove your versions that the cheque was issued blank and it is given as security for a transaction and there is no consideration in support of the cheque. Closure of the account will make the situation worse. Try to settle the matter.

go through and follow the correct answer of Mr.sateesh.


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