| Originally posted by : Monish Rizvi | ||
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The accused had given the cheque for partial payment, but the complainant filled the cheque with the full amount and presented it to the bank. The cheque was dishonoured, and now the complainant has filed a case under the Negotiable Instruments Act against the accused. What defence can the accused take, and does this situation constitute an offence under the NI Act? |
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How much did your client owe to the drawee of the cheque and how much amount has been endorsed in the subject cheque?
Prima facie the accused/ drawer of the cheque has issued blank signed cheque, which cannot be taken as defence, however, complainant may be asked (in cross-examination) to produce documents qua the amount of cheque.
The cheque has to be presented to the Banker of the drawee for collection and credited in his / her acount. You may agree with me that the subject cheque cannot be bifurcated / trifurcated or presented as desired by the drawer of the cheque, as stated by you. Accordingly your concept is not tenable on the matrix of facts.
Did you / your client reply demand notice before filing of the complaint i.e., when cause of action arose to file a complaint punishable u/s 138 of the NI Act, 1881 ? If so, what stand was taken in reply to the notice, whiich cannot be changed in cross-examination of complainant ? However, if no reply was given by you / accused, it would go against the accused.
Again it is reiterated that the points for preparation in defence of the accused cannot be presumed, as I have already opined in my previous response of 16th October, 2025.
