Nitin Katyal (Properiter) 19 September 2009

Lay for blocked cheque four month befor eand got blouced

Dear sir

About four months back, I lost my bag carrying few of my cheques duly signed by me without mentioned dates for more than 2 lakhs amount and i intimated for the lost cheques to the near Police station and taken receiving too. Now today I came to know that those cheques are with one of my known guy and he is forcing us to to may that amount. Now if he submits these cheques, ofcourse these cheques will get bouced as I have already blocked four month back when I lost them. I want to know whether on boucing these cheques, can a case be registered against me for frauding and all and if yes then how can I get rid of this problem. What is the law for such cases. And that guy who has my cheques dont know that I have already blocked cheques four month back.

Please guide

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2 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 20 September 2009

Mr Nitin

Since you have blocked the cheque by sending intmation to the Bank, No case can be filed against you since Sec. 138 NI Act contemplates action only under two circumstances. 1. reason being "Insufficient funds" and the other " exceeds arrangement" . This was stated by our Apex Court in a judgment rendered ion 5-52009. Visit judis.nic.in, then to SC judgments and if you give the date, you will get the judgment.It is an interesting judgment as far as the decisions under SWec. 138 of NI Act is concerned.

Nitin Katyal (Properiter) 21 September 2009

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??