138 NI Act - Unsigned Cheque

Chetan (Querist) 28 February 2009 This query is : Resolved
Der Member,

My client running a business of online "Mizoram Gold Win', In the month of Dec.08 one customer purchase bets Rs. 44,000/- on that payment the customer issue 2 cheques of Rs. 25,000/- each to my clients.

Whereas one cheuqe is not signed but the customer signed it on back side

and another is proper and is 'Bounce'

Now, 1) whether I can issue a legal notice for both the cheques, if yes pls provide me format

2) Whether I can mention their lotttery transaction, wht is its authenticity

3) whether I have to mention that the customer takes hand loan of Rs. 50,000/- from my client.

Pls Guide ................urgent If any Pls provide case laws.

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Kiran Kumar (Expert) 28 February 2009
well in my opinion if the lottery is legal in ur state then nothing wrong in mentioning the lottery transaction, afterall its a business transaction.

u can use the single cheque which was signed by the accused not the unsigned one. liabilty will come into place when u ll deopsit the cheque and the unsigned cheque will not be considered for valid deposit.

lets c the opinion of other Hon'ble members.

Neeraj Arora (9897136755) (Expert) 01 March 2009
Mr. Cheten, I Am also agree with the opinion of Mr. Kiran Kumar.

RAJINDER KUMAR GARG (Expert) 01 March 2009
I agree with the opinion of Mr. Kiran Kumar

n.k.sarin (Expert) 01 March 2009
I am also agree with the opinion of
Mr kiran kumar.

RAKHI BUDHIRAJA ADVOCATE (Expert) 02 March 2009
I do agree with Mr. Kiran Kumar

PALNITKAR V.V. (Expert) 02 March 2009
Unsigned cheque is not covered by Sec. 138. Mr. Kiran Kumar is right.

B.B.R.Goud. (Expert) 07 March 2009
i do agree with my learned friends

Guest (Expert) 08 March 2009
You can filed the complaint u/s 138 of Nego. Act for the complete form of cheque which is duly signed to avoid further complication in the Court. For unsigned cheque we cannot file the complaint.

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