A close friend of mine had given a blank cheque to his cousin in good faith to pay his electricity bill as he had to leave the city all of a sudden. His cousin who had a malafide intention did not use that cheque for this purpose but presented the cheque with heavy amount and filed case against my friend under sec 138. My friend has taken an anticipatory bail. My friend has no business relatioship with his cousin No legal documentation, no business transaction, no financial transaction has ever happened between the two.
2. Cheque pertains to ICICI city A, presented to a cooperative bank in city B and dishonour slip says ICICI city B. Cheque is having at par facility but was never presented to my friends actual account at ICICI city A (Does it help ?)
3. Legal notice also mentions that cheque got dishonoured by ICICI city B which actually is not the correct branch. Moreover, cheque was preseted to cooperative bank on 3rd June, and showed return by ICICI bank on 4th June itself (We can see the overwriting on the bank stamp) 5th being Sunday and on 6th six months would have been over
My query to you learned guys is how strong/ weak this case is ??