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Sunil (Manager)     16 October 2010

Cheque Forgery and Fraud

 

Since my brother denied me any rights into my father's hereditary property after my father passed away, I filed a case in the High Court for getting my share of the property.  My brother even denied me the access to all my important documents, contained in a briefcase which was in the safe custody of my father.  He is now misusing those documents, including my bank cheque books to forge my signatures and depositing cheques in his name.  These are bank accounts which have not been used for the last 10 years.  My brother even may have gotten hold of some blank signed cheques which were returned by financial institutions whose loans I paid off and which were returned by registered mail to my father's address.  Can he fill out those cheques in his name?

He is threatening to sue me by making up stories that he had given personal loans to me and my cheques are bouncing now.  What can I do to protect myself?



Learning

 8 Replies

Santosh Maske (Member)     16 October 2010

let him do what he can do you should wait and watch then you may defend your self

adv. rajeev ( rajoo ) (practicing advocate)     16 October 2010

inform the concerned bank regarding the stop payment of the cheques if anybody sent it for collection explaining the details of the illegal acts of your brother  and also inform the same thing to your brother thru., regd.a.d. post.  He may act illegally by handovering the cheques to 3rd person to take revenge agaist you after receipt of your letter, so it is necessary to inform the entire facts to the bank.

bhagwat patil (Property due diligence 9422773303)     17 October 2010

inform bank for stop payment.how u have filled the case in highcuort directly? and is it so ur highcourt advocate will advice in this matter better.

Sunil (Manager)     17 October 2010

I read at :

https://jizleejoset.lawyersclubindia.com/forum/Collateral-or-Blank-cheques-cannot-bounce-HC-14808.asp

 

1.  N.I.Act is not applicable to Blank or Post-Dated cheques.

2.  N.I.Act is not applicable to third-party cheques given towards debt repayment of the original debt of another person.

3.  Anticipatively,  in near future,  all institutional (Bank, NBFC, Credit Society, etc...)  loan recovery cheques may have to be filed before the "Debt Recovery Tribunal"  and may not be covered under the N.I.Act.   - OR -   even worse, since the loan is not a total debt, then maybe classified as a Civil debt, recovery of which may be filed before the Civil court,  to recover the loaned amount.

4.  This may be a Judicial ploy  to segregate or weed out or reduce the huge backlog of  N.I.Act cases, which run into lakhs of cases, just in Mumbai alone.

 

Keep Smiling .... Hemant Agarwal

 

 

Collateral cheques can’t bounce: HC

(reported in  "Times of India,  dated 20 February'2010, Mumbai edition, page 01")

Avtar Krishan (advocate)     18 October 2010

please File A Mandatory suit at appropriate jurisdiction in the court of civil Judge Senior Division for return the all cheque and other documents and for staying the uses of said documents

SACHIN AGARWAL (ADVOCATE)     18 October 2010

You can serve a notice upon your brother asking to return tyhe Cheques specifically mentioning the Cheques Numbers and also the facts as how he got those Cheques and then submit the copy of the said Notice before your Banker with teh request to stop payment and also lodge a F.I.R. in the matter.

You can also file a Civil Suit for mandatory injunction with the prayer to direct your brother to return those Cheques to you and also for prohibitory injunction to restrain your brother from using those Cheques.

But in that case you should have the Cheque Numbers and other details of the said Cheques, which is required to be mentioned in the Notice as well as in the suit.

Sunil (Manager)     22 October 2010

I am getting ready to file a FIR against my brother for stealing the cheques, cheating, forgery, breach of trust, blackmail and extortion.

Then, according to advice at :

https://in.answers.yahoo.com/question/index?qid=20081112181426AAIfMYR

attach the FIR to my strong reply to the legal notice for the bouncing of cheques.

But, I am also confused, because according to the article at :

https://in.answers.yahoo.com/question/index?qid=20081112181426AAIfMYR

the Bombay High court has clearly stated that section 138 does not apply to a blank, postdated cheque obtained at the time of giving a loan, in the first place.  So, even if my brother claims that I gave the post dated blank cheque to him (which is clearly a lie) - in which he has filled out an arbitrary amount, will the lower court even accept his petition under section 138.

Sunil (Manager)     10 May 2011

Now it has been almost one year since my brother served me a notice for bounced cheques stating that he had given me a friendly  loan several years back and demanding the money.  I promptly replied to the notice, in time, stating that he got hold of my cheques by fraud and theft and filled in the details himself and that I never took any loan from him.  I also promptly filed a police complaint and am awaiting police action.  I have not heard back from my brother for almost six months now and until today, I have not received any summons for any case filed against me under section 138.  How much do I have to wait to see if he filed a false case against me under section 138.  Should I now file a criminal case against him.  What if I do not file any criminal case against him, but wait for the police to take action on my complaint or wait to see if he did indeed proceed with a case under section 138 against me?


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