Negotiable instrument
Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
if i have a saving account and i dont use it much..i was having cheque book and one day i lost my cheque in which only the stamp of name was written,no date andamount and payee was mentioned. the peson who got the cheque tok a loan from third party and aftr and he gave security as my cheque and had written date, amount and payee nameand have done my signature..the third party did not ask me about any security given by me or not .now when third party goes into bank then the cheque got dishonour due to insuffeciency of funds.and the signature were not as same as mine but the bank accepted it..now tell me what shold i do..whether dis think comes under material alteration. and does the cheque is valid or not..
V R SHROFF
(Expert) 14 December 2011
Keeping your cheque book under lock and key is your responsibility.
If you had not used the Bank A/cfor Long, you will have defense of not issued in last 6 months,
As you have no transaction with Holder in due course, and do not know you, Complainant cannot convict you.
Hand writing expert will Report, the forgery of Signature and the contents of Cheque written by person other that you, and during the period, you have no transaction. .
Your Bank Pass Book will show, the cheque was stale, and yours is a dormant account, and bank should not have accepted it.
it is a material alteration, forgery.
Raj Kumar Makkad
(Expert) 14 December 2011
In addition to reply of Shroff, may I ask whether you had also lodged any police complaint against the loss of your cheque book or not?
Non-action over loss of your cheque book can be taken as an adverse inference against you but subject to the conditions narrated by shroff.
Shonee Kapoor
(Expert) 15 December 2011
Agreed with Ld. Mr. Shroff and Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 17 December 2011
I also agree views of Ld. Mr. Shroff and Ld. Mr. Makkad.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
The story does not look real and it was posted earlier with different wording.
And how a unknown person knew about your signature , more over now the parties have come in open so you can easily establish the chain of how the cheque passed hands.
