Blank cheque issued
neeraj
(Querist) 29 May 2019
This query is : Resolved
My query is if a blank cheque is issued to someone for security purpose, then they can fill the cheque and present in there bank account. But if they filled the cheque in his handwriting on the name of third person and presented the cheque on the bank account of third person and later notice issued by third person for demanding money than what to do.
For Example: A given blank cheque to B, and B filled the cheque on the name of C and presented on the account of B with B's permission. Ad After cheque bounce B is demanding money from A. case already in court under sec 138.
Pls suggest what to do
P. Venu
(Expert) 29 May 2019
Why " if "? Please post the realtime issues, if any.
kavksatyanarayana
(Expert) 29 May 2019
Dear querist, if you have any problem specify full facts to get replies.
neeraj
(Querist) 30 May 2019
All this Happend with my uncle and aunty, Uncle is no more with us, so need help Pls take it seriously
KISHAN DUTT KALASKAR
(Expert) 30 May 2019
Dear Sir,
Yes, in cheque bounce case if signature is admitted then presumption will raise irrespective of filling the columns of cheque by third party. But if the name of any stranger is filled in then you get more chances to win the case.
Please mark “LIKE” if satisfied by my answer.
SHIRISH PAWAR, 7738990900
(Expert) 30 May 2019
Case can be filed if you fail to repay the demanded amount within 15 days after issue of notice.
Sudhir Kumar, Advocate
(Expert) 30 May 2019
you need to meet a lawyer who understands the difference between
"holder" of cheque
and
"holder in due course" of a cheque.
Hemant Agarwal
(Expert) 31 May 2019
1. IF cheque is written in name of "C", THEN only "C" can claim amount in cheque bounce case. HERE "B" is a nobody as far as cheque bounce case is concerned and CANNOT claim anything.
2. "C" cannot win case of cheque bounce, because you had no "privity of contract" with "C" which further means that you are not liable for any "legally enforceable debt /liability" to "C", as far as 138 N.I. Act is concerned.
Keep Smiling .... Hemant Agarwal
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