NI. Act 138
Ajaykumar Sanghavi
(Querist) 23 November 2009
This query is : Resolved
Dear sir,
my client has let out a blank chque to his working partner. The partner has presented the cheque after 4 years in 2008.the cheque contained only signature and all other detais are filled by the complainant. and the amount filled by complainant is rs 1,00,000/- There is no record that the amount is legally enforceble debt. so what should be the defence?
pl Guide me
adv. rajeev ( rajoo )
(Expert) 23 November 2009
When there is no legally payable debt 138 does not applicable, but burden lies on you to prove there was no legally payble debt and cheque was issued blanck.
One recent supreme court decesion in the year 2008 it is reported in AIR, I had produced in the court, it will be given to you.
Regarding blank cheque : If blanck signed chequs are issued without mentioning the amount or date, it may be considered that the cheques were not issued for valuable consideration.
Negotiable Insstruments judgemnts : 2008 Bom 127.
Bounded duty of comlainant : It is the bounden duty of the complinant to show that only for the subsisting debt or liability, the cheques were drawn by the accused.
NIJ 2008 Mad 225.
Adinath@Avinash Patil
(Expert) 23 November 2009
IF THERE IS NO LEGALLY ENFORECIABLE LIABILITY YOU HAVE GOOD CASE TO DEFEND. BUT GIVING BLANK CHEQUE MEANS YOU HAVE APPROVED YOUR LIBILITY. PLEASE GO THROUGH THE SECTIONS 20,118 AND 142 OF N.I.ACT.THE BURDEN LIES ON YOU TO REBUT THE PRESUMPTION.
PJANARDHANA REDDY
(Expert) 23 November 2009
by taking above stand, u must apply for the expert openion und SEC 45/47. EVIDENCE ACT 1872 TO PROVE BLANK CHQ WAS ISSUED 4YS BACK.
THEN UR CASE IS UNDER UR CONTROL EVEN IN TRAIL COURT ITSELF.
Raj Kumar Makkad
(Expert) 23 November 2009
I also agree with the common opinion of all experts.
Sachin Bhatia
(Expert) 23 November 2009
I also agree with all experts.