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Ravi Kiran Kumar (TL)     20 December 2012

Presenting blank cheque

Hi,


I have given 5 lakhs rupees to my family friend 3 years back. They agreed to pay me back money. But they have paid only 1.5 lakh as installments till last year and not paying there after.  He has given me the blank cheque as a security with out mentioning the date.

please let me know whats the procedure to file a complaint.


Thanks

Ravi Kiran Kumar



Learning

 6 Replies

Divya (nil)     20 December 2012

Hello Mr. Ravi

recently there was an case mentioned in TOI that cheques given as security do not come under Cheque bounce case...

What u could do perhaps is to file a civil suit for recovery against the party for principal amount, interest & other damages...

Pls parallely also rely on advice given by others.

Rahul Kapoor (Legal Enthusiast)     21 December 2012

hello,

it comes under cheque bounce case and  under section 138 NI act.

but as the amount is not filled in the cheque so there is conclusive proof that you have given them that much amount.

ask your lawyer to take permission from court to cross examine the other party.

 

 

regards-

rahul.gogreen@gmail.com

ACCUSED138 (NONE)     21 December 2012

Sh. Rahul Kapoor Ji,

all money lender who is register or not, they take blank cheque as security with promisory note (Many times).

And some time amount given in cash or cheque but always received in installment in cash and didnot issue receipt for the same.

How can save to cheque issuer...Pls advice with some judgement.

Divya (nil)     21 December 2012

Pls find below link and read the posts carefully and also the judgment...

cheques given by loan borrowers to various banks as security also do not come under 138 NI..

Pls read below link

https://www.lawyersclubindia.com/forum/No-offence-u-s-138-of-n-i-act-security-cheque-67626.asp#.UNSaQGUoFsg

 

  • Section 138 Of NI Act is attracted only on account of cheques issued in discharge of liability or debt but not on account of issuance of security cheques.

                              2008(2) PLJR 268 SC

Ravi Kiran Kumar (TL)     22 December 2012

Hi All,

Thanks for your responses.. But still i am not sure how to proceed. Let me give you more details about my case.

I have given 5 lakhs to my friend on 19/Dec/2009 thru cheques. That menas money has been transfered from my account to his account. He agreed to pay me the interest rate of 24% per annam. And he paid the 1,50,000 till March, 2011 as installments. I.e every month he deposited the cash in my accout. From April 2011 he stopped paying the installments. In Dec 2009 he has given me a blank cheque with only signature on it. He told me that i can present the cheque if he fails to pay me the interest and principle. All this discussion happened between us, there is no paper agrement.

Now let me know how to get my money back. Can i write the amount including interest and principle on the cheque and present it?

Thanks

Ravi Kiran Kumar

Divya (nil)     22 December 2012

First of all, you cannot do any alteration on cheque handed over to you by him..This will make the instrument "void'"....

I would advise you to consult a local lawyer equally....

Lack of agreement happens when u trust people & they betray / backtrack with your finances....

You can opt a few steps:

1. Send a legal notice..See how d person reacts..

2. Did he did have any verbal quarrels wid u or did he refuse in wrting to u...all these things also add to ur evidences..

3. u may attempt criminal proceedings (private complaint / FIR) in form of breach of trust/ cheating....but i dnt suggest cheque bounce case..if u attempt criminal proceedings, there should be some strong elements like:

- that u have some police complaint against him in past  wrt same matter or

- he has threatened you IN PUBLIC PLACE OR IN PRIVATE or

- he has refused in writing that he has taken that much money from you or

etc......You maybe aware of other details which i do not know

 

4. lastly u can attempt civil proceedings but that will be more expensive as u need to pay court fees on entire amount

 

Feel free if i can be of any help to you...Even i am handlng court issues on my own....Only if u r active, other person will bend & you need to be equally paitent to see results of your legal actions.


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