138 ni act
L.N.S.BHASRI
(Querist) 03 September 2012
This query is : Resolved
the complainant filed false suit u/s 138 of ni act using the blank cheques of the accused.what are all the defences available to the accused stage by stage. pl. reply honestly with the caselaws.
ajay sethi
(Expert) 03 September 2012
a blank cheque is no cheque . if amount dates have been filed in without any authroisation then no complaint under section 138 NI is maintanable .
for case laws do a honest search in indian kanooon website
R.K Nanda 
(Expert) 10 September 2012
no case is made out.
V R SHROFF
(Expert) 10 September 2012
ONCE SIGNED AND DELIVERED, 138 Cheque Reb case stands.
It is a matte of defence, that you have to prove, it was filled in by complainant, or was filled in by someone, and signed and delivered as it is by accused..
If you deny signature, the bank officials will be examined.Experts opinion can be obtained.
Important deciding factors are Liability, transactions, series of other cheques , it's dates, and fund / bank balance in accused bank account.
Tell me how will you prove the cheque was blank when delivered??
The Complainant can always say, it was issued to me as it is, it was filled up except the signature, which he signed in my presence at the time of delivering it to me.
Here you have to provide Evidence to defend yourself. Be prepared .Burden of proof is on accused.
Let me know, it's r honest remarks ??
