Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rahul (md)     04 March 2014

Help in cheque boucne

Dear All.

i need a help,

one of my cheque got bounced which was given two years earlier as blank cheque.

complaninaat has accepted in cross examination that  it was filled by me but given two years ago.

what are the chances of me to win teh case.

please help me out with some previous judgemnets too .



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     07 March 2014

The present date's status is that a cheque is valid only for three months and earlier it was valid only for six months from the date of its issue, therefore the case is likely to be dismissed or accused is likely to be acquitted.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     07 March 2014

This is the new item about Bombay HC Judgment  for direction to test the age of writing .Justice Potdar directed the magistrate's court to refer the disputed cheque to an expert "to determine the age of the ink used for signature so also the age of the ink used for filling up of other particulars and call for the report of the expert within three months".


Vishwajit Pardesh (37), a resident of Jalna, had filed a complaint under Section 138 of the Negotiable Instruments Act, that cheques issued to him by Aurangabad resident Baburao Munnemanik had been dishonoured.

Under the law, when a cheque drawn by a person to discharge a liability is returned by the bank due to insufficient funds, it constitutes a criminal offence. The person can face up to two years in prison and/or a fine amount of twice the amount mentioned in the cheque.

Munnemanik filed an application before the magistrate, seeking expert opinion on the age of the ink used on the cheque. When his plea was dismissed by the magistrate's court and subsequently the sessions court, he moved the HC.

Munnemanik admitted that the signature on the cheque was his, but disputed that it was issued to discharge a liability. According to Munnemanik's lawyers, he had issued a blank signed cheque to Pardesh as security but the latter had misused it and filled in other details.

They said it was necessary to determine the age of ink used for the signature and the age of the ink used to fill up other details. The lawyers referred to a Supreme Court judgment that for a ''fair trial'' the magistrate could order an inquiry and refer a disputed cheque to a handwriting expert.

The HC agreed and ordered that the cheques be sent to an expert.

Hearing a petition filed by a 53-year-old man who had issued the cheque, Justice A V Potdar struck down an order passed by the subordinate court, which had refused to send the cheque for expert opinion

.

 

Please search that citation and also post it here for benefit of others.

Vijay (no)     14 June 2014

Respected Sir,

   My Father is  the alleged accused for 138 NI ACT. MY Local unrecognised chit businessman forced to my father (D Lakshmi Narayana)  to issue the blank cheques.My father did the same in 2013.But  he claimed those empty cheques for an amount of 2 lakh rupees each....with out informing my father ..and now he filed a complaint and honerable nandyal megistrate issued the warrant for my father...Plz help me sir....Bringout my father from false case.....Money lender harrasing my father for payment...I have no another option sir Kindly Help Me Sir.....it is very urgent and important for me sir...

My Father Name : D. Lakshmi Narayana

My Name : Vijay

contact No :8125555641


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register