NI ACT SUPREME COURT GUIDELINES

Namaste Sir. I seek ur opinion in my case. One person took amount from me for providing housing loan and to settle my credit card dues by posing as having relationship with IAS and IPS he being a bank employee. Later as he failed to arrange the loan i asked to return my money back. then he alongwith CCS police detained me and my wife for 3 days without any complaint and there he took one cheque for 40000 and one antedated receipt for the amount which i paid to him and my motorbike original RC and transfer papers signed. because of the police threatenings we apprehended danger. I arranged money and deposited in my account. till 15 days he did not presented the cheque. Later i made a stop payment request. After that only he deposited the cheque and it was returned. He send notice with wrong name and wrong address for which it was returned remarked as no such person. he filed a case U/Sec 138 of NI Act. In cross examination he himself admitted that

we were taken up by the CCS police and were detained by them

cheque was given at CCS police station before CI

No notice was received by me

he is close relative to the ex DGP and Ex IAS

In this regard can i seek ur opinion about my case sir.

Thanking you in anticipation sir,

Srinivas

DEAR ALL THIS IS THE LATEST STAND OF APEX COURT ON THE TERRITORIAL JURISDICTION OF NI ACT CASES

https://judis.nic.in/supremecourt/imgs1.aspx?filename=40477

Welcome MR REDDY  after a long time.

This citation is still has taken only one issue that is the court where cheque is presented will also have jurisdiction.

Still we can show you simple methods to circumvent even this citation and challange cheque bounce case on jurisdiction point alone at THRESHOLD.

Thanks Sri. P.Janardhana Reddy garu for the citation--Adv Ram Prasad, Vijayawada Cell: +91-91777-22930

A cheque in not an stamped instrument, hence it is not covered by Section 20.

Section 20 of the Act makes it clear that there can be no material alteration of a cheque leaf only, for the reasons, that it was subsequently filled up. But at the same time, it cannot be said that whenever a signed blank cheque leaf is given, it gives authority to the holder to fill up the same according to his whims and fancies. Filling up of a signed blank cheque leaf may not attract section 87 of the N.I. Act for, there was no insertion, interlineation, erasure, alteration etc., because there was no completed negotiable instrument within the meaning of sections 5, 6 and 13 of the N.I. Act. Therefore, neither section 20 nor section 87 applies to a blank signed cheque leaf. If so, the question must turn round to the actual execution of the instrument. With regard to the instruments other than a cheque, an implied authority is given to the holder at the time of entrusting it to fill up the same. There may be instances where an implied authority is given to the person, at the time of entrusting a signed blank cheque containing the signature of the drawer of the cheque, to fill the Columns therein.