Rajkumar (MMS) 07 March 2011

Legal issues in cancelling the given cheque

Hi,

Few days back we registered a property in our locality, which was showed by a broker.Then we found a lot anomalies in brokers words about the poperty then we talked with the seller directly and went for registration. On the day of registration broker showed up with some gundas and blocked our registration asking for a commission of 2% of the total amount, which we dont want to pay.Later due to the scene created by the broker and his gundas at the registration office, we gave a post dated cheque for Rs 15k without his name on the Cheque.Now we dont want to give him money so Im thinking of cancelling the cheque by calling the bank but i want to know the legal points on the broker's side.

Note:We never entered any sort of agreement with that broker

waiting for ur replies

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7 Replies

amarendra (lawyer) 07 March 2011

though it is difficult to do but not impossible u hv to rembr that holder of cheque can succeed in a case u/s 138 of n.i.act only when he can prove the debt to be legally enfoceble and from the story putforth by u it wl b a difficult job for him to do so but for the present u sud lodge a report before police abt his forcibl act of taking cheque

Rajkumar (MMS) 07 March 2011

Thanks amar for ur reply!!!...

But im going to cancel the cheque by saying that i lost the signed leaf in the register office.....is that fine...bcoz i dont want to go for the police...

Aqtib Shah (no designation) 09 March 2011

hello ...........my father is a business man he has issued a cheque for 12 lakhs to a yarn supplier after that he gave stop to that cheques and issued a pay order for 4 lakhs..After this my father has not taken the cheque from and due to the compulsion of the respondent he issued a promissary note for 7 laks for the same transcation but in the cheque he had mention the name but in the promissary note he fail to write the name.......How to solve this problem because he may sued because he having cheque as well as promissory note.

regards

aqtib

amarendra (lawyer) 10 March 2011

dear raj it wl nt b propr if u dont want to go to police than file a complain case in court saying that the cheques forcibly taken by goons by thretning

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 10 March 2011

once the cheque is given you have to find legal solutions.

sanjay kumar (BE/ LLM in Corporate Laws) 10 March 2011

A cheque is a kind of contract between the drawer and the drawee and the drawer issues the cheque to the drawee in consideration of something and not for nothing.

In your case, there was no consideration. The broker did not oblidge you with anything and you dont have any obligation towards him. The broker's act was a clear case of extortion which itself is illegal.

You can stop the payment of that cheque. Paralley, file a police complaint as others have suggested.

Prasun Chandra Das (Banker) 01 May 2012

it is very sad to learn that "once the cheque is given you have to find legal solutions" and "A cheque is a kind of contract ...". ---- both remarks wrong. a chq is a negotiable instrument & comes under nego instr act, and not under the contract act.

mr rajkumar - you can request your banker to mark stop payment of the chq. the banker cannot ask for the reason, it is your wish to instruct the bank to stop payment. sec 138 is not applicable because there is no debt. so you can stp payment of the chq but you must think of goonda gardi by the broker and perhaps lodge case with the police.