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Reddy   04 October 2015

Provided signed blank cheque

Hello Sir.

To be more clear, I want to explain the situation - when my cousin brother was not at my location, he requested his friend for money for 50,000 Rs.  To deposit that amount into my brother's account - his friend asked him for a blank cheque.  As my cousin brother was not currently available at this location - he called me and asked me to give my signed blank cheque to his friend.  He mentioned that, he will be back in 2 days and will get my cheque back by replacing with his cheque.

Asking him many times, he said he will get it soon but has not got it till date. 

As my cousin brother has no source of income, his friend did not accept his cheque even after his return.  My cousin brother has not yet paid his amount and took money from him many time.  Now  His friend is forcing me to pay back the amount - which he is now saying as 20 Lakhs.  His Friend warns that he is going a file a case against me in his native remote village which is almost 700 kms mentioning that I need to attend the court by travelling that huge distance which will even impact my job.

I have given my cheque in the year 2010.  Apart from the blank signed cheque I have not at all signed any other documents.

As per CTS 2010 - Is my cheque given him in the year 2010 still valid to file a case against me.

Will it come under Legally Enforceable Debit (as I have not signed any documents/promicary notes etc).

Kindly assist me, how to proceed on this.

Thanks

Reddy



Learning

 39 Replies


(Guest)

Even if in some situation when you issue blank cheques please mention on top edge of cheue not toexceed Rs ........................ For example you give a bank cheque  for paying say cost of a fridge you want to buy in around rs 23000. Put not exceeding Rs 25000/-

Better issue black cheques from your laternative account where balance islimited

 

Now coming back to legal aspect of demand by drawee.

There has ot be acollateral evidence or casue for which cheque was issued. If there was no legal transaction between partiues how can cheque be issued? No one will issue blank cheque or a cheque to some one without any transaction or liability to be disposed.

G.L.N. Prasad (Retired employee.)     04 October 2015

Do not worry about the threats.  It is not clear whether you have mentioned date of cheque, payee's name and amount clearly.  

Without waiting for his action, contact an advocate and issue notice for returning of the cheque and even explore the possibility of filing criminal complaint for threats.  

Though consideration in Negotiable instrument is presumed, your mutual relations, business connections, consideration etc., are points to be decided by Court on facts.  Your Advocate can give you a better suggestion after studying the case in entire.

(Now, it has become difficult to know which query is genuine, as some persons who really borrowed even resort to disown such borrowings and issue of cheque)

advocatepassy@gmail.com 971794 (Advocate)     04 October 2015

To me, your query is not very clear.  What I understood that in 2010 you had issued a blank cheque to someone on behalf of your cousin, who had the habit of borrowing.  Your liability was to pay on his behalf 50,000 but now the other party is demanding Rs 20 lakhs. 

Sudhir Kumar, Advocate (Advocate)     04 October 2015

avtually fools like you must suffer the way you are. Clear from given facts that your cousine is not credit worthy and none (even his freind) is ready to him even on blank cheque. SO you not only borrowed money for him also borrowed on blank cheque (nstead of restricting cheque upto 50,000/-). Now your cousins is not returning money. If a third party is holding blank cheque (probably undated as well) why should he settle for just Rs.50,000/- while he knows you have allowed him to spoil your life by criminal case of 420 in addition to s/138 NI ACt. either your cousine and his so called friend has trapped you in a cheating or you and your cousine are cheating a third party. SO pay the holder of cheque what ever he demands.

Sudhir Kumar, Advocate (Advocate)     04 October 2015

what is your profession that is also important.

(Guest)

May I request Sudhir sir not to use such insulting words like Fool for a querist. Please focus on query.Every one who gets engaged in a criminal case, that way is fool. After all, world goes by trust. Majority of people in any society like Mr Sudhi and myself are innocent,peace loving,god fearing and law abiding. That is why this world is going on. There is small percentage, may be less than 5%, in my experience who have criminal tendencies.

I  beg to differ with opinion of expert in this case. 

The querist should file counter FIR or register a case dierctly in a local magistrate court and summon both police and that rascal who cheated him.

Law and courts are not blind.There may be delay but justice does come after all. You can hire a nice gentlemen and competent crminal law expert lawyer.

No party is supposed to take blank cheque that it self shows coercion and bad transaction to start with. Secondly  no one will issue a cheque to some one. There is bound to be some fiduciary or monetary interst between two parties. Some legal and valid transaction must have taken place.The  burden of proof will be on party claiming  cheque amount. This is pure and simple case of criminal conspiracy,fraud and forgery. Since querist has not filled amount himself the ink and hand writing are bound to differ on cheque and with advnace technology our  Forensic experts can find that.The cheque number will also show in which period it was issued by looking at dates of preceding and following cheque number issued by querist from cheque book or from bank statement.

Stick to your truth and have faith in justice. 

Sudhir Kumar, Advocate (Advocate)     04 October 2015

Originally posted by : G.L.N. Prasad
Do not worry about the threats.  It is not clear whether you have mentioned date of cheque, payee's name and amount clearly.  

Without waiting for his action, contact an advocate and issue notice for returning of the cheque and even explore the possibility of filing criminal complaint for threats.  

Though consideration in Negotiable instrument is presumed, your mutual relations, business connections, consideration etc., are points to be decided by Court on facts.  Your Advocate can give you a better suggestion after studying the case in entire.

(Now, it has become difficult to know which query is genuine, as some persons who really borrowed even resort to disown such borrowings and issue of cheque)

Not able to fully agree you hae to worry about threats. You cannot just cheat someone that your cousine (uncreditworthy) will refund money and take money from innocent person on blank cheque. After doing so you just cannot sit home quietly. Although case appears to have lost civil liability but all that he has to do is to fill today's date and amount. He will be giving a statement that you borrowed on the promise of refund my your cousins followed by proof of your deposit of money in cousin's account.

Sudhir Kumar, Advocate (Advocate)     07 October 2015

If today's date is filled on cheque then law of limitation shall not apply as the limitation will start today and civil suit can be filed within three years.

Sudhir Kumar, Advocate (Advocate)     07 October 2015

criminal case us/ 138 NI Act can be filed at the place where your bank is located. criminal case of cheating can be filed at the place (i) where your bank is located (ii) where you signed the cheque (iii) where you handed over the cheque. (iv) where deal was struck between you and him when you induced him to give you money (v)where you received money (vi) where cheque is bounced.

Sudhir Kumar, Advocate (Advocate)     07 October 2015

you are hiding the fact whether cheque is dated.

Sudhir Kumar, Advocate (Advocate)     09 October 2015

if the cheque is undated then the date can be filled by him even today. You already have record of conversation with creditor which may prove handy evidence against you to prove that you induced him to lend money and you received money (you are not disclosing exact contents of the conversation recorded)

Reddy   09 October 2015

This total conversation is recorded - mentioning original amount details (30,000 Rs) - He agreed that it was never intimated to me before offering money to my brother. He also clearly mentioned in the call that as there is no other documented proof to get his amount back from my brother he is using my cheque to save himself.

 

And even if the cheque is undated, it belongs to year 2010.....which I assume its no more valid with respect CTS 2010 Rules of RBI bank.

Also, he does not have any kind of documented proof signed by me.

 

I think the above mentioned 1. Conversation Recording 2. New CTS 2010 Rules 3. No Documented Evidence should help me.

Kindly suggest....


(Guest)

1. You should file FIR agaisnt both your cousin and his friend. It is clear cut case of cheating and criminal conspiracy

2. have you given blank but dated cheque or totally blank cheque. Did you even mention his friends name in pay to......space?

3. Since you dont know this guy and had no transaction whatsoever, it is diffcilut for him to prove his case in court. No one issues a cheque just like that to any unknown person.Just stick to truth.

4.Dont get threatened. Take counter  action by informing police

5. The jurisdiction is not village as he alleges. You have issued cheque in your city and you stayed there at that time. So let him file case in your city.


(Guest)

And one more thing.He has to first show how 20 lacs were paid by him. he will get caught there itself. Obviously there will be multiple transactions over a period of time. And how he paid money  to whom and where?


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