Cheque bounce issue
Arun
(Querist) 02 August 2014
This query is : Resolved
Can anyone please provide me the information regarding, If in case of cheque bounce issue, can the defendent able to claim that the writings on the cheque are not from his hand writting other than the signature. whether it will be accepted by the coury. And If it is proven correct will it change the course of the case.
Sudhir Kumar, Advocate
(Expert) 03 August 2014
as long as signature are his the writing doe snot matter unless there is material alteration.
P. Venu
(Expert) 03 August 2014
It could be a defence if the other party is a money lender and you had given a signed blank cheque at his compulsion.
Satya nand aggarwal
(Expert) 03 August 2014
Dear Arun
it does not make any difference in whose handwriting the cheque is . Anybody can fill up the Cheque see 2005((1) Civil Court Casses page-608 2004(1) CCC Page 38
prabhakar singh
(Expert) 03 August 2014
To execute any valid document we just need to sign it or to put our thumb impression usually LTI in case of males and RTI in case of females. Cheque is no exception to this rule.
We need to prove allegations we bring forward
against such an execution.
ajay sethi
(Expert) 03 August 2014
you have to mention that date a, mounts have been filled in by the complainant . material alterations have been made without your consent
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 August 2014
THE CASE LAW MENTIONED COMES DUE TO LAPSES ON THE PART OF DEFENSE.
YES IF SIGN IS ADMITTED OTHER ENTERIES ARE PRESUMED TO BE AUTHORISED , BUT IN CHQUE CASES DATE AND AMOUNT HAS RELEVANCE WITH LEGAL LIABILITY .
AGAIN MOST OF THE TIMES THERE IS NO PLEADING IN THE COMPLAINT THAT OTHER DETAILS IN THE CHEQUE ARE FILLED BY THE COMPLAINANT WITH THE CONSENT OF ACCUSED.
SO BENEFIT OF DOUBT WILL GO IN FAVOR OF ACCUSED.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
I agree with the views of Advocate Defense on the subject query. To prove the validity of the cheque it becomes essential to raise a defence on the basis of author's query. Therefore a duly signed blank cheque given for the purpose of security towards the loan or any other purpose cannot constitute the ingredients for cheque bounce case.
Arun
(Querist) 03 August 2014
Thank you Everyone
V R SHROFF
(Expert) 11 August 2014
YES, IT WILL BE IN ACCUSED'S FAVOUR..
