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Kolkatta_user (engineer)     03 October 2011

False cheque bounce

One of cheque (that I have signed, but not written the name and amount) some how landed into wrong hands.

He made me trust at that time, but now he had misused that trust. That person had presented and bounced and had sent me  a legal notice, what is the best way to defend it? 

Does he need to prove that I have to give him money? or since the cheque is singned by me only, he doesn't need to prove and I have to pay him that amount? Please advice..

If it needs to be proved, and since he can't prove it , can I ask for a penalty of misusing the cheque?


 5 Replies

Nadeem Qureshi (Advocate/     03 October 2011

Dear Ramaraorama

first of all you can prove that you can not issue the cheque, if not then you have no remadies

Kolkatta_user (engineer)     03 October 2011

Sir, How to prove that I have not issued?

Amit Minocha (Lawyer)     03 October 2011

reply to the legal notice on mertis. Raise your contentions there and also warn him of legal action by you as well. and aski for return of the cheque.


It will help you in Court while defending yourself.

Kolkatta_user (engineer)     04 October 2011

Sir,  What kind of legal action is possilbe aginst him since he mis-used my cheque? If it is proved that it is misuse case some how in the court, what could be the penalty for him?  

Pranav S. Thakkar (advocate)     04 October 2011

On my view,

         As Per Sec. 138 of  The negotiable Instrument Act 1881, it requires to prove that there was a debt. In the Reply of Notice you can  say that  there is no any transection happened between us to borrow or lend money.  My cheque is lost  and you  are getting it. Then ask  him to show any LIABILITY OR DEBT. 

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