tusharcosmic
17 July 2009 at 01:42
Can someone file a Court case by filling up the blank cheques and pronotes which were signed in 2002 ?
I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronote etc. are duly signed and thumb impressed by his wife also as a witness.
Now he has stopped paying me anything since last 4 months.
When I demanded my money back, he said that he won’t and I can’t do anything against him legally as it is illegal to get blank or semi blank documents or cheques signed from any one, so I will have to fill up the dates and other particulars in cheques and pronotes and if I will fill the particulars today, it could be very easily detected by forensic science that cheques and pronotes were signed years before filling up the other particulars i.e. date of issuing the cheque and the amount of the cheque. So the court will immediately decline my case.
But one advocate suggested to me that this plea taken by him will not be accepted by court because even if he has signed the blank documents that means he accepted that whatsoever amount or date will be filled up in these documents and cheques will be acceptable to him. In other words even if it is proved by forensic report that cheques and pronotes were filled up years after signing these documents, I will not be at any loss in the eyes of Law.
Who is right –my defaulter borrower or that Advocate whom I consulted?
Please help. It is urgent for me.
tusharcosmic
17 July 2009 at 01:32
Can't I recover money even if I have cheques/pronotes of my borrowers-please read full story answer then only?
I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronotes are duly signed and thumb impressed by his wife also as a witness.
Now he has stopped paying me anything since last 4 months.
When I demanded my money back, he said that he won’t and I can’t do anything against him legally as he has reported 4 months back the local police station that he and his wife were sitting with Mr.“X” in a car and signed two cheques and pronotes etc. for Mr. X because he was about to borrow some money from X .At once some armed persons attacked them along with some cash and gold, they looted the cheques and pronotes etc also. And he said that he has given the same report to the bank also whose cheques these were.
And now if I will use these cheques and pronotes I will be at loss. I will be considered a criminal who some how was involved in that loot and now trying to further cheat him by using those cheques and pronotes etc.
Where do I stand legally? I s there any way out for me recover my money? Plz. help. Thanx in advance.
kk
16 July 2009 at 23:32
we are payor for services received from USA company and we are paying royalty so at time of paying royalty do we need to reduce service tax from royalty ???(I donot mean TDS)
so is ther any DTAA agreement with USA for dedudtion of service tax on royalty paid??
please give me link of DTAA ..........
vinod bansal
16 July 2009 at 21:56
Respected Members
A lady (widow)filed an application under domestic violence act in which her jeth father in law and devar is respondents,she is only claiming custody of her four year son who was given in adoption by her vide adoption deed in presence of witnesses to her jeth(Respondent)and jethani(not Respondent)adoption deed is not under challenge in any court,can court passed an order for handing over the custody of the child to the applicant(complainant)when only adoptive father is respondent but her wife is not respondent than how custody order can passed against wife i.e. adoptive mother because being mother she also have right on her adopted child & without adding her as respondent in domestic violence case how order can be passed against her without her consent.plz help
srinivasan
16 July 2009 at 20:05
In a hindu jointfamily the father dies interstate, thear are two sons,three daughter and widow mother.How is the share divided among the sons/daughters and the widow mother.Under hindu suesission act 2005.Sir please guid me in sharing the property.
P.S.Subbaraman
16 July 2009 at 20:01
If a Father and son are practising as Advocates .Are they liable to pay Service Tax and whether they come under the definition of "Association of Persons".
Whether the applicability of Service tax on legal firms has been duly notified or not ?
J. P. Shah
16 July 2009 at 19:25
In June 2009 NCDRC has decided that RTI applicant is a consumer under CP Act in the matter of S P Thirumala Rao, a consultant physician of Mysore vs. the Municipal Commissioner, Mysore City Municipal Corporation (MCC).
Despite my best efforts I could not locate judgement of NCDRC.
I shall be obliged to have copy of it, if some one can post on this portal.
vinod bansal
16 July 2009 at 18:40
Respected all members
please enlighten me regarding difference in between inquiry and trial and inquiry and enquiry.Thanx
Ravindranath
16 July 2009 at 16:22
Hi,
My dad who was working in SBI is met with an accident with a lorry and died on the spot itself on 2003. His age is around 49 at that time.The accident occured due to the rash driving of the lorry.police case was registered at that time and the lorry driver is arrested. The accident case is still going on in madurai court. Bu no even for a single time my family members were called for hearing. When we asked about his toour lawyer, he said that court judge is on leave. Bu for the past 6 years, no improvement in case. I'm in doubt whether the case is active or dissolved. My lawyer is not responding to my query. Can anyone suggest me how to carry out this case.....
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Has the landlords lost their properties to the teanats ?
Is it true that many Indian Landlords have almost lost their properties to tenants due to rent control acts ?
I have posted an video regarding that on youtube---Legal Injustice done by Indian Government-- under my youtube name tusharcosmic.
What are your views?