Cheques snatched/fear of case in future under sec-138
Querist :
Anonymous
(Querist) 25 January 2012
This query is : Resolved
A person is holding blank non dated signed cheque of a closed account, what is the way to avoid any lodging of case from him under section-138 in future, because these cheques can be presented in court and it can be claimed that money was due.
Shonee Kapoor
(Expert) 25 January 2012
Lodge a police report about snatching immediately.
And why were these cheques left signed????
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 26 January 2012
Rightly advised by Shri Shonee Kappor.
If you know the person who snatched, issue him notice to return it ; and that a/c already closed.
However, I feel, you are not coming with clean hand. You are hiding facts.
prabhakar singh
(Expert) 28 January 2012
In fact you want to ask us how should we plan to keep you immune of a deceit you have committed with some one?????????
V R SHROFF
(Expert) 28 January 2012
Prabhakarji hit the nail, right on it's head!
Advocate. Arunagiri
(Expert) 28 January 2012
The unused cheques should have been surrendered to the bank at the time of closing the bank account.
If there is any missing cheques, the account holder should have informed the bank regarding the missing cheques.
What is your unused cheques status, according to the info given to the bank, at the time of closing the bank account?
SAINATH DEVALLA
(Expert) 29 January 2012
dear
Anonymous Author,
What is the reason those cheques were in his posession.What made you give him those cheques.Was there any financial transaction between both of you?.Well you are saying it is a closed account.Was the account closed by you or was the account terminated by the bank due to various reasons?.If you have closed the account you should have surrendered those cheques.So it is clear that you have given him the cheques when your account was alive. You are not comming out with the correct facts.Unless everyone comes out with the correct information,no one can give you the right advice or sugestion.So make yourself clear about your query and then ask for expert advice.Hope my learned friends in the foroum wwill agree with me.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 January 2012
