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Abdul Jalal (Prop)     09 March 2014

Mis used of signed cheques.

Dear Members,

Request the members to reply on this issue asap, PLEASE

The problem is like this:

I started a business with 2 friends of mine some 2-3 yrs back. For 1st year the transaction was in cash.

2nd year we decided to open an a/c. Some how they convinced me to open a proprietorship a/c in my name.

Which foolishly I did, in good faith. From last 6 months they started having fights with me. The business was done from one of my partners office. All the documents, letter heads, bills and cheques were at this office.  Most of the times I was out of my office in other states for sourcing goods. I was asked to signed the cheques for official use.

I had kept signed cheques at my partners office. Then suddenly they took the keys from me and shifted the office with all the documents. Now they are threatening me with these cheques. in fact they have given 3 cheques to one of my partners brother, which they deposited in the bank and got the same bounced. But I had stopped these cheques. Now they have sent notice for bounced chqs.

Please help.




 3 Replies

Sudhir Kumar, Advocate (Advocate)     11 March 2014

meet lawyer immediately.  You have messedup facts

Natwar raj Purohit (manager)     23 March 2014


kanubhai babubhai shah (B.COM,LLB)     31 March 2014

refer ipc sec-464 illustration ( c ) & (d) related to cheque & forgery too. refer detail definition of cheque from law lexicon of y v. chandrachud former chief justice of india (p. ramnath aiyar) duly signed cheque itself is not a commitment / confession /acceptation of any debt a cheque must be accompany with duly signed pro note  & /or demand promissory note. pro note must be in a forum of sec-4 of n.i. act , the complainant must be "holder in due Course" as define (sec-9 of n. i. act) prepare with all this & there after contact your lawyer 


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