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samrt lawyer (lawyer)     15 September 2010

misused of bearer cheque with signature on backside

Res. friend,

my client has given a berar cheque with signature on backside. That cheque was deposited by another party by making endorcement of 'account payee' by stamp . then after filed compalint against my client.

the please gouide me   that section 138 of nit act is being or not  .

if you have any judgment  about bearer cheque with signature on backside  please give me.



Learning

 5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 September 2010

You can win the case hands down.

samrt lawyer (lawyer)     15 September 2010

but how sir

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 September 2010

Contest there are many loop holes in the complainants story.

N.K.Assumi (Advocate)     15 September 2010

Your posting is not that clear. But let me add this if it can clarified your queries. In England endorsement of a bearer cheque is not insisted upon by the paying Bank. However the practice of Indian Banks ordinarily require the person presnting even bearer cheques for payment to endorse them. Although not legally bound to do so, the holder of a bearer cheque generally raises no objection, probably because, if he refuses to sign, the paying banker may insist upon having a properly stamped receipt for the amount paid to him. The paying banker can have no justification for asking for the identification of the holder of a beraer cheque, although in case of doubt, especially when the cheque presented for payment acros the counter is for a large amount, the banker may if possible, ask on the telephone, for the drawer's confirmation. In case of bearer cheques made payble to corporations presented for payment without any endorsement, the payment banker would be well advised to make inquires before paying them at the counter. Even where the cheques are drawn by limited companies in favour of selves and presented at the counter for encashment without endorsement, it is advisable to make inquiries.

DEEPAK ASSOCIATES (08010117611)     11 October 2010

how can u say that it was bearer cheque. First of all you have to prove that the cheque is bearer. The High court has clear version on the topic in the case that the endorsement should be proper.

the citation will be provided very soon to you brother


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