Missused of blank cheque. please help urgently

That is real problem, it appears that the checque was blank, but now it is trouble. The amount filled by your fathers friend as alleged by you dishonestly has to be negotaitaited. Since he is having the instrument he can filr a case for recovers and criminal complaint under 138 NIA, if the checque is blocked, It is better apply some social pressure and make him to surender the checque after paying whatever due.

Approach payee with full payment as per records with two other common friends of deceased father and payee.  If he is real friend, he will certainly oblige and do not insult the soul of a friend who is no more as internal fear of sin is always embedded in most of human beings.

1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like  Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 

In addition to the suggestion of Mr. Hemant Agarwal , your friend can address the shop keeper, bringing all the facts on record and intimating that any attempt to misuse the blank cheques could entail civil as well criminal action.

Hello,

Registering a case under the present circumstances is very difficult. Even if somehow the case is registered the complainant will not stop and he will definitely file 138 proceedings against your friend's father. You will have to reply and fight out legal action by appointing an advocate..

The drawer of the cheque (son of deceased borrower) has no legally enforcable debt, therefore, there is nothing to worry.

Yes, I agree with Dr. Vashista's opinion. The Payee can not present the cheque to Bank or claim the money from the Bank of a deceased depositor, even if there is sufficient balance in the account of the drawer of the cheque and Bank has received the information about the death of the account holder, Bank cannot or should not or will not honour the cheque. Under these circumstances the party /payee has no grounds to file case under Section 138 of NI Act. The better option is to get it settled amicably, if not he can file a money suit before the appropriate court, there he has to fight with all the relevant records or documents to justify his claim having given the Loan. There he may have to produce substantial proof from where he paid, how he paid, whether he was having substantial reliable source of income etc.. etc....