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Cheque liability

Page no : 3

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     27 October 2015

if he intent to file case against you .he will must sent demand notice and in respect of said demand notice you must state as you said in question

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     27 October 2015

if he intent to file case against you .he will must sent demand notice and in respect of said demand notice you must state as you said in question

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 October 2015

"Thry assume cheque depositer's story".  What is the meaning of this statement? Did the cheque depositor go to the police station, either before you or after you? Was he called to the police station after you reported to the police? There are two complaints. (1) you lost or misplaced the cheques. (2) The cheques were misused by someone? The latter is a criminal offence and there only the question of believing or not believing comes. What you should have done was that as soon as you realised that you misplaced the cheque leaves/book you should have written a letter to the police station and got an acknowledgement. If you say that the other person used a cheque leaf, which you had lost and the other person maintains that you had issued him the cheque it becomes a civil dispute and police will not interfere. You are giving information here bit by bit. No one can help you in this manner.

Anil Agrawal (Retired)     27 October 2015

Whoever holds tghe cheque in his name can file the complaint. This is whatr SC saqid:

In our view the reasoning given above cannot be sustained. Section 142 of the Negotiable Instruments Act provides that a complaint under Section 138 can be made by the payee or the holder in due course of the said cheque.

In trial the accused may get relief that is another matter

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 October 2015

Let us believe the story that the cheque leaves were stolen and used. Were so many of the cheque leaves signed and left to be used by a thief?  No prudent person will do that. If the cheque wee not signed by the account holder, then it is a case of forgery punishable under IPC.

The person here is not telling the whole trith.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 October 2015

Let us believe the story that the cheque leaves were stolen and used. Were so many of the cheque leaves signed and left to be used by a thief?  No prudent person will do that. If the cheque wee not signed by the account holder, then it is a case of forgery punishable under IPC.

The person here is not telling the whole truth.

Anil Agrawal (Retired)     28 October 2015

suspect that they were living together.


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