Law for blocked cheque blouced blocked four month back

 What is the legally enforceable debt?

Mr Nitin, YOU MUST HAVE

1.  POLICE COMPLAINT AND FIR .

2.ACKNOWLEDGEMENT OF COMPLAINT.

3.APPONITED LOCAL  LAWYER

We submitted application for informing of missing cheques to the police station four months back and in return we got receiving from the police station of the above mentioned application.

The cheques details are as follows :  

One cheque worth one lakh without mentioned name and date.

Two Cheques worth 25000 and 40000 self addressed.

One cheques was dated 13^th Sept 2009,  and one cheque worth 25000 without  date and name and this cheque is of my father’s account but signed by me by mistake

We havent appointed any local lawyer as cheques still not submitted in bank but the guy is forcing us to pay him the money unless he will place cheques in bank and drag us under criminal offence.

 Yes a case u/s 138 can be filed against you because if you have not read the law, just as I have not, the cliche is "holder of the cheque in due course" and beyond this it is your baby to rebut and all that. You may get relief when you produce f.i.r. and police/bank receipt etc. but by that time you would have gained few years and your purse would have been lighter by considerable amount in running to the court and paying lawyer's fees. 

If you know in whose possession the cheque is why don't you name him in the f.i.r. and let the police do its job. Return all of the remaining cheques, if any, to the bank and obtain acknowledgement.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE LOST CHEQUES KINDLY NOTE THAT

1.YOU URGENTLY INFORM YOUR BANK WITH ALL CHEQUE NUMBERS IN WRITING THAT THE SAID CHEQUES ARE LOST AND I HAVE FILED A POLICE COMPLAINT AND REQUEST BANK TO STOP THE PAYMENT OF THE SAID.CHEQUES AND KINDLY TAKE ACKNOWLEDGEMENT OF THE SAID LETTER OF STOP PAYMENT FROM THE BANK .IT WILL HELP YOU DEFEND YOUR CASE IN CASE IT IS FILED AGAINST YOU UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.

2.AS YOU HAVE ALREADY FILED COMPLAINT TO THE POLICE REGARDING THE LOSS OF CHEQUE THE CRIME IS REGISTERED , YOU MAY INFORM THE NAME OF PERSON WHO IS HOLDING THE SAID CHEQUES AND BLACKMAILING YOU , POLICE WILL ARREST HIM AND RECOVER THE LOST CHEQUES KINDLY NOTE. YOU MAY FILE A SEPERATE COMPLAINT IN CASE YOU HAVE ANY OTHER PROOF THAT SAID ACCUSED IS DEMANDING MONEY TO RETURN THE LOST CHEQUES  AND HE IS DOING MONEY LENDING BUSINESS WITHOUT LICENCE AND HARASSING YOU FOR INTEREST AND ILLEGAL DEMAND FOR MONEY.POLICE MAY FILE COMPLAINT AGAINST THE SAID PERSON AND WILL ARREST HIM AND YOUR ALL CHEQUES WILL BE RECOVERED FROM HIM. BUT KINDLY NOTE THAT YOU DO NOT DISCLOSE YOUR INTENTION TO FILE COMPLAINT OR ELSE HE WILL DISTROY OR HIDE THE SAID CHEQUES PLEASE NOTE.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.

I want to know if a cheque was dated six month back date and submitted after six month to the bank then ofcourse the cheque will be returned as bank do not entertain six month old cheque. Can the cas can be filed against for this six month old cheque too.

Also if  the cheques are self  addressed then still the other guy can file a case against me.

what case he can file against me, and on what grounds, if nothing in on writing??

 Please dont get your facts all mixed up. Basic and simple: A cheque presented to the bank after six months of the date written on it loses its entity, validity and is just a scrap of paper.

What do you mean by self-addressed? No case can be filed when there is no valid cheque. Please get your facts together and explain with dates what is the problem.