Can someone file a Court case by filling up the blank cheques and pronotes which were signed in 2002 ?
I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronote etc. are duly signed and thumb impressed by his wife also as a witness.
Now he has stopped paying me anything since last 4 months.
When I demanded my money back, he said that he won’t and I can’t do anything against him legally as it is illegal to get blank or semi blank documents or cheques signed from any one, so I will have to fill up the dates and other particulars in cheques and pronotes and if I will fill the particulars today, it could be very easily detected by forensic science that cheques and pronotes were signed years before filling up the other particulars i.e. date of issuing the cheque and the amount of the cheque. So the court will immediately decline my case.
But one advocate suggested to me that this plea taken by him will not be accepted by court because even if he has signed the blank documents that means he accepted that whatsoever amount or date will be filled up in these documents and cheques will be acceptable to him. In other words even if it is proved by forensic report that cheques and pronotes were filled up years after signing these documents, I will not be at any loss in the eyes of Law.
Who is right –my defaulter borrower or that Advocate whom I consulted?
Please help. It is urgent for me.
