Cheque returned with a reason that "cheque unusable"
Ramesh
(Querist) 09 May 2021
This query is : Resolved
Dear all,
I lent 30 lacs money to a person (through transfer).He gave me a blank cheque on 31/12/2021 and asked me to provide 4months time after that present the cheque with interest.
On 12/04/2021 by filling the empty columns by calculating interest as on date presented the cheque.but the cheque returned with the reason that "cheque unusable".After that i approached him for enquiring about the dishonor of cheque but he replied very rashly.I enquired in the bank also regarding his branch about the dishonor that they replied three months back he gave instructions to stop payment of 9 cheques with a reason that the cheques are destroyed(lost).
After that i sent a legal notice to him. But in the reply he mentioned that i & another 2 did finance business along with the cheque issued person. Due to covid-19 we got loss in our business so we are pressuring him to pay the amount (i dont even know the other person names) and we collected empty 10 cheques,10 promissory notes & 10 bond papers from him and threatening him by presenting them in the bank. So he need not pay any amount to me. my doubt is he intentionally cheated me and another 2 persons also. How could i prove this in the court and i dont have any relation with the other documents mentioned in the reply notice.
can any one suggest me the best solution for this. iam attaching the reply notice below.
Thanks in Advance
SHIRISH PAWAR, 7738990900
(Expert) 09 May 2021
Hello,
After cheque dishonour, you have already sent a legal notice and the other person did not comply with the same so now you have to file a complaint before court u/s. 138 of Negotiable Instruments Act. For better appreciation of facts and documents please consult with a local advocate.
Advocate Bhartesh goyal
(Expert) 09 May 2021
Yes,it is correct that dishonour of cheque due to reason " unusable " is no ground to dishonour the cheque besides the above reason after receiving the notice u/sec 138 ( b ) of N.I.Act why didn't the drawee comply with notice? Cheque return due to any reason comes under the purview of sec 138 of N.I.Act. so I will suggest you , file complaint before court having jurisdiction.
Dr J C Vashista
(Expert) 10 May 2021
Repeated query, see response in original thread.
Avoid repeating same story time and again, however, if you are not satisfied with the obligation of experts on this platform, it would be better to approach, consult and engage a local prudent lawyer for appreciation of facts / documents, forming proper opinion, professional advise and necessary proceeding.
P. Venu
(Expert) 10 May 2021
Not only a repeated query, the querist appears too busy in posting hypothetical issues. 'Cheque unusable' is not term generally used.
T. Kalaiselvan, Advocate
(Expert) 11 May 2021
After issuing the legal notice if the respondent is issuing a reply notice with false information, you may file a cheque bounce case under section 138 NI act.
Ignore his allegations and prosecute the case strongly on the basis of documentary evidences in your possession
