LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pravin Kumar Solanki   25 September 2019

blank chaque validity

sir ,I have an idiot younger brother age 17 yr.He missused my singed 19 blank cheques for collecting money from market & her friend .now he do not know how many blank cheque given to market & witch person given to blank cheque .I know about it 8 month ago and I closed my bank account in Feb 19.
I want to know that
1-what is validity of singed blank cheque ?
2-After 7-8 month of closed bank account if any one put this blank cheque in bank & bank dishoner it .than it may be court under 138 ?
3-blank cheque is given to market by my idiot younger brother but cheque is my name .can I responsible for pay it ?
4-drawee put the date & amount on blank cheques at the time of present in bank. How can I prove that this cheque are given to 7-8 month before and given blank cheque(I closed my bank account in Feb 19).
5- receiving the blank cheque is also offensive or not ?

pls advise me in this critical situations.


Learning

 6 Replies

Pravin Kumar Solanki   25 September 2019

some cheque are not singed but singed by my idiot brother by write his name

Suhail suhail (LAWYER)     26 September 2019

Sir if you brother had misplaced cheques qhy did not your instantly informed the police and also the bank. How could you sleep over the matter

 

1-what is validity of singed blank cheque ?

Usually 6 months from the date of cheque;; have you dated t /he cheqeus ar just that was blank too ?

2-After 7-8 month of closed bank account if any one put this blank cheque in bank & bank dishoner it .than it may be court under 138 ? 3-blank cheque is given to market by my idiot younger brother but cheque is my name .can I responsible for pay it ?

Though sometimes banks endores the stale cheques too,but to challenge that is secondry thing.Yes since the instrument is in your name  and you are responsible as you were suppoused to take care of your cheque book being its custodain.

 

4-drawee put the date & amount on blank cheques at the time of present in bank. How can I prove that this cheque are given to 7-8 month before and given blank cheque(I closed my bank account in Feb 19).

That is not going to help you,since you have isued the cheques it will be difficult to prove that you closed the account after that the cheques were presented,the case of 138 is very much attaracted.

It is better to instantly cleavrly recover your cheques if existing.

 

5- receiving the blank cheque is also offensive or not ?

Usually in bussiness such practice is acceptable 

Better to collect your isntruments as you have failed to act when the cheques were lost. Instantly you were suppoused  to file FIR and inform the bank.

However the person who is having the cheques needs to prove there was transaction between you and him  that is secondry matter but 138 is attracted very well

Isaac Gabriel (Advocate)     26 September 2019

This happens occasinally when the banker is to be infromed and necessary notings will be made in your ledger foilo. Even if used by somebody mischievously, it wont affect you if you had informed the banker already.

Kishor Mehta (CEO)     26 September 2019

You are liable for the payment of cheques drawn on your account and signed by you. Dated cheques are valid for three months. If any of the cheques is dishonoured then you will be held liable and may have to face legal proceedings.

G.L.N. Prasad (Retired employee.)     26 September 2019

 

I am surprised over the negligence of the bank, as the bank insists for refund of unused cheque leaves.  If the cheques are not signed by you, forget about this as those cheques can never harm you.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     02 October 2019

Under the circumstance narrated by you there is very remote chance of someone trapping you under Section NI-138. But even then you can escape.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register