Cheque bounce case
Querist :
Anonymous
(Querist) 21 September 2018
This query is : Resolved
Hi Sir/Madam, two year back i gave some amount to my known friend for interest for his business needs and i took blank cheque(signed) as security. now i am asking him to repay my amount for the last one year. but he is not yet. when i think to file NIA 138 cheque bounce case i was told that i cant file a case with blank cheque(filled by me excep signature) as that would be cosidered as material alteration with security cheque i cant.
so i took a new cheque from my friend filled half of the amount for a particular date. now it has been filled fully by him and singed in my father name(crossed cheque) as i moved to foreign. Can my father file a case under NIA 138 against him if the cheque bounces? or do i need to have any other documents signed from him? Also
1. Can cheque bounce case valid for any reason cheque bounce . for example if he given stop payment for that cheque number after giving it to me? or it is valid only it bounces for insuffients fund?
2. what action i/my father can take if it bounces for any other reason?
3. Can my father say in court that my son is in foreign so his friend gave cheque in my name which was not cleared. so i can file and continue the case?
4. do i need to physically appear in court for any reason? as i transferred money to him?
5. i paid him money through my bank account online (in 2 transfer). do i need to show any proof of income in any case(i can still show it as i get salary after tax deduction).
6. does my father has full rights to file a case as cheque was in his name? do i need to give any power of attorney?
Dr J C Vashista
(Expert) 22 September 2018
Consult a local prudent lawyer for appreciation of facts/ documents, analyse, guide and proceed professionally.
Why do you prefer to remain anonymous author and seek obligation of experts, which is against the rules of this platform?
Guest
(Expert) 22 September 2018
Anonymous querists do not deserve any help.
