Cheque bounce
venugopal
(Querist) 17 December 2015
This query is : Resolved
Sir, 3 years back took Rs. 30K for son's education from a relative and paying interest regularly, but recently due to some family verbal altercation, now they are threatening me to submit cheque for unknown amount in a revenge manner. as we are middle class family and not able to took a stand with them as they are rich and I have taken money without signing any documents. despite requesting them for time, they are in no mood to listen us...need some guidance and help
Guest
(Expert) 17 December 2015
The cheque is dated or undated. Was it completely blank.
Such mistakes should not be done. Blank cheques are not valid. Neither you are supposed to nor any one is supposed to a blank cheque.
Even if any one issues blank cheque mention on back the maximum amount ceiling and purpose for which it has been issued
You can quietly send a police intimation that cheque number so and so signed blank in your cheque book is found missing from your cheque book.At the same time then you are not to admit loan too.
Exact advise cannot be given unless cheque details and circumstances are not known
Alternatively you can send notice to party that you had taken money Rs so and so and money stands paid and please return the blank cheque.
That way you will force the hands of that party to come out in open.
SAINATH DEVALLA
(Expert) 17 December 2015
I presume the cheque is undated,He has the right to present it,but cannot do so for whatever amount he likes.As u have been paying interest regularly better go for a compromise and make a settlement,without legal hurdles.
P. Venu
(Expert) 17 December 2015
Prima facie, it appears that blank cheque was given and there was no written agreement. Hence you relative can fill in the blanks and take advantage of the provisions of NI Act.
It is suggested that things could be reduced to writing. For this, an undertaking may be given to the relative narrating therein the circumstances under which the blank cheque was given and promising to pay the remaining amount without any further delay. You may incorporate, in the undertaking, the amount of loan given by him and payments (including interest) paid so far.
Guest
(Expert) 17 December 2015
Venu sir, problem with querist is that relationship has soured and the guy is threatening to fill cheque and claim amount. So where is scope for agreement now? But some one who claims cheque has to also tell to court underlying services/goods exchanged. If he cant establish that how can he claim cheque. The querist can simply deny any loan and accuse of him stealing the cheque during his visits to his home being a relative.
That is why I suggested him he should file a police intimation of having found a cheque missing from his book and he should do fast while making things lighter with the guy.
Though as a social activist I wont do this myself on grounds of ethics.
Perhaps you may suggest better way to deal. Kindly go ahead.
K.S.Srinivas
(Expert) 19 December 2015
I agree with Expert Dr.Rajendra K Gupta.
Dr J C Vashista
(Expert) 20 December 2015
The experts are advising on presumptions and assumptions which is incorrect.
The author is silent meaning thereby there are certain vital informations concealed by him.
Contact, consult and engage a local lawyer for proper analysis, advise and proceeding.
venugopal
(Querist) 20 December 2015
Sir, still not decided what to do and confused.
P. Venu
(Expert) 20 December 2015
With due respect to Learned experts Dr.Rajendra Gupta and Shri K.S.Srinivas, it is my considered opinion that the dignity of this forum warrants that all our suggestions and opinions should uphold the dignity of law and its procedure and should not be reduced to a prank.
In the instant case, it would be an abuse if the blank cheque is misused for an action u/s 138 NI Act and the queriest adopts a defence which is untruthful.
For an innocent person truth is his best defence and that alone should be the guiding spirit of this forum.
SAINATH DEVALLA
(Expert) 20 December 2015
With due respects to the views of the above legal experts,my conclusion would be to advice the querist to go for a compromise with the relative and get the matter settled instead of running to the courts.Differences with relatives do not last long and at some point of time they come across either in a subh karya or ashubha karya.
If that doesn't materialise then law will take its due course and he may have to defend with merits.
T. Kalaiselvan, Advocate
(Expert) 26 December 2015
From the author's query he has not given any cheque so far, he has stated that he has been demanded to submit a blank cheque, his contents are repeated -
"due to some family verbal altercation, now they are threatening me to submit cheque for unknown amount in a revenge manner."
From this it can be inferred that the author has been threatened to submit cheque.
If this is the situation let him move police station with a criminal complaint against his relative.
If there is no cheque given yet, then there is no cheque bounce case at all.
Let the author clarify.
