Cheque bounce case
manivannan
(Querist) 22 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?
Note : i have posted the same query earlier as anonymous (i dont know the rules of the portal as i am new to this site.). now posted in my login.
Isaac Gabriel
(Expert) 22 September 2018
The cheque has not yet been presented at Bank.So, the query is hypothetical.
Guest
(Expert) 22 September 2018
ABSOLUTELY VAGUE AND HYPOTHETICAL QUERY!
When the transaction is between you and your friend, where from your father came in to picture, for asking a question, "can my father file a case under NIA 138, and also where is the question to invoke section 138, when cheque has not yet been presented to the bank, what to say of dishonour of the same?
manivannan
(Querist) 22 September 2018
Hi Sir. Thank you for the reply. To answer your question, i have given a amount to my friend. now i am living in abroad(for the past 6 months) for my work assignation. so i asked my father to talk to him for money. he gave cheque in my father name with all details filled(amount, date, payee & signature). i am much worried that cheque will be bounced. so to be precaution i am asking this question. i know its not yet happened but i like to be prepared to face.
Thank you for understanding!
Guest
(Expert) 22 September 2018
Suppositions can't hold in law, when cheque is still valid and not dishonoured.
However, in my view, by getting cheque in your father's name, you have got your case complicated, by yourself only. You will have to solve that problem first and thereafter think about recovery of your loan amount.
Better take some personal meeting with some local expert to get rid of the problem in both ways. Otherwise, you will have to forget that, as if made charity, particularly if your friend is not sincere and reliable.
