Cheque case under 138
VEENAAY ARORA
(Querist) 12 May 2017
This query is : Resolved
I gave a cheque to a person of rs 2,50,000/- , but he produced in bank as put 1 in head of 250000/- made this as twelve lac fifty thousand. I only filled numbers and sign. Rest he do it own, date, party name, and in words also. Today I loss the case. What to do next.
Guest
(Expert) 12 May 2017
Consult A local Good Senior Advocate of your Place and go for an Appeal and Stay for all the Proceedings of the Lower Court.Let atleast the Appeal be Strong with all the evidences
ADV-JEEVAN PATIL, MUMBAI
(Expert) 12 May 2017
what for is the payment made is there any writing prior to giving cheque which u can prove? If yes your appeal will have merits otherwise will not stand. If had written 1 figure before u could have made police complaint immediately.
Kumar Doab
(Expert) 13 May 2017
You can benefit from the advice's given and lean on a very able and senior counsel of unshakable repute and integrity at your location specializing in such matters.
Dr J C Vashista
(Expert) 14 May 2017
Prefixing the figure of "1" tantamount to material alteration in the instrument, which do not attract the punishment u/s 138 NI Act, 1881.
Whether the figure of 12,50,000/- do match with words endorsed in the cheque? If so, your version is incorrect, otherwise, your banker shall return it with appropriate remarks and do not attract the provision of Section 138 of the NI Act, 1881.
If you have signed and given the cheque "blank" certainly it is your liability.
The case is already stated to have been decided by Trial Court, move in appeal, if you can get "some" relief, which is otherwise, very difficult.
Consult a local prudent lawyer for proper appreciation of facts and guidance.
Guest
(Expert) 14 May 2017
Merely an academic query. Totally unbelievable story!
If not, can you give background of the case and what for you were liable to pay Rs.2,50,000?
Rajendra K Goyal
(Expert) 14 May 2017
You have lost the case, either go for amicable settlement or go for appeal.
Guest
(Expert) 14 May 2017
Agree with Mr.RK Goyal
