138 NI Act

Vikas Aneja (Querist) 21 November 2009 This query is : Resolved
If 'A' have issued one blank cheque to his friend 'B'for some purpose. But afterwards their relations become stained and 'A' apply to the bank for stop payment of the cheque. The Cheque was given before seven months but the cheque was not produced in bank for payment. but now 'B' is threatening to 'A' to file a criminal complaint against 'B' under sec.138 NI Act. Whether there is any liability of 'A' after seven months of issuing the cheque.

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Sachin Bhatia (Expert) 21 November 2009
The presentation of cheque should be within its validity period. Generally a cheque is valid for six months.

Raj Kumar Makkad (Expert) 21 November 2009
You have not committed any offence and it shall be more safer for you if you issue a notice to your friend not to present the aforesaid cheque with the banker as no consideration was made and moreover it has already expired.

Adv Archana Deshmukh (Expert) 21 November 2009
A cheque is valid and can be presented at any time within 6 months from the date of issuance. Now as 7 months have passed, the cheque is no longer valid.

dhiraj choudhary (Expert) 21 November 2009
no doubt 7 months hav passed and he can not initiate criminal proceedings but he can file a suit for recovery of money but for that purpose he has to show that there was some liability on ur part and the same is a matter of fact which 'll be proved r diproved by way of leading evindence by both the parties

adv. rajeev ( rajoo ) (Expert) 21 November 2009
It is ur mistake to issue blank cheque. ur frnd., might have used by filling it. Recall ur memory whether you have put date on the cheque or not? if not certainly it is misused by ur frnd.
Before issuing a notice to you, you issue a notice to him to return the cheque othwerwise criminal case will be filed etc., you also informed the stop payment of the cheque to ur frnd as well as bank not to clear the cheque if presented for the encahsment without intimiating you.
if you issued the notice it will be helpfull for you defend incase ur frnd filed a NI Act case against you.

n.k.sarin (Expert) 21 November 2009
I think Mr Vadrali is right.

Guest (Expert) 21 November 2009
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 BLANK CHEQUE KINDLY NOTE THAT.

1.YOU HAVE ISSUED A BLANK SIGNED CHEQUE TO FRIEND.AFTER SEVEN MONTHS RELATIONS STRAINED AND YOU INSTRUCT YOUR BANK TO STOP PAYMENT OF CHEQUE.
2.YOUR FRIEND WILL DEFINETELY DEPOSIT THE SAID CHEQUE IN BANK BY WRITING NAME DATE AND AMOUNT ON THE SAME AND WILL GET IT DISHONOURED.YOU WILL RECEIVE THE SAID NOTICE BY REGISTERED POST AND WILL BE ASKED TO PAY AMOUNT WITHIN 15 DAYS OF SERVICE OF NOTICE.AND FAILING WHICH A COMPLAINT WILL BE FILED IN COURT UNDER SECTION 138 OF N.I.ACT.
3 KINDLY FURTHER NOTE THAT THE BURDEN OF PROOF TO PROVE THAT THE SAID CHEQUE WAS BLANK AND YOUR FRIEND HAS WRITEN NAME DATE AND AMOUNT THIS YOU HAVE TO PROVE IN THE COURT .PLEASE NOTE.

IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE OR SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

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

Ajay Bansal (Expert) 21 November 2009
Stop Payment in respect of a cheque does not attract 138 N.I. act.See the latest judgement of The Apex Court.

Anish goyal (Expert) 21 November 2009
Ajay sir please tell us the name of the judgement or citation.

M/s. Y-not legal services (Expert) 06 December 2010
Dear author, you mentioned as blank cheque.. So if B may try to fill that cheque on current date for cause of action.. Even no need to bother about it.. Cos A have not commit any offence..

138 NI Act

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