Negotiable instrument act related query
Querist :
Anonymous
(Querist) 11 September 2011
This query is : Resolved
A PERSON MRX SON HAS GIVEN HIS CHEAQUE BOOK SIGNED BLANK IN CUSTODY OF HIS FATHER LONG 3MONTHS BACK NORMALLY SON GIVES.AND NOW FATHER HAS BOUNCED ONE CHEAQUE FOR INSUFFUCIENCY OF FUNDS .FATHER IS DEMANDING AMOUNT FROM SON AND IRRITATING FOR LEGAL ACTION UNDER 138 .MR X HAS NO LEGAL ENFORCEABLE DEBT TO PAY TO FATHER .NEITHER ANY AGREEMENT HAS BEEN SIGNED AT ANY TIME OR NOR ANY BLANK STAMP PAPER SIGNED.X HAS NO DEBT TO PAY TO FATHER.SIR IF HE TAKE ACTION THEN SIR SEC139 PRESUMES CHEAQUE FOR LEGAL DEBT AND SEC118 ALSO. HOW TO PROCEED.REGARDS.
adv. rajeev ( rajoo )
(Expert) 11 September 2011
If it is presumed that Cheque is issued to the father it does not amounts to pay the legally payable debt
R.Ramachandran
(Expert) 11 September 2011
When one does not have enough funds in his account, what is the great idea in giving signed cheque book?
If father got one such cheque bounced, then he has to issue a notice u/s. 138 N.I. Act. There he will tell his story. Based on the story, you have to give your reply to the legal notice. Prior to that discussing anything is meaningless.
If what you say is true, then during 138 case tell the same story to the court also.
Guest
(Expert) 11 September 2011
What a nice and novel father-son relation when the son gives signed blank cheque book to father, father gets cheque bounced by drawing in his own name and then threatens to take legal action against the son?
If father has filled in all the particulars in his own handwriting knowing the funds not be there, his ill intention clearly becomes evident.
Advocate M.Bhadra
(Expert) 11 September 2011
Once the signed cheque is issued and after presenting it was bounced it is an offense,there is no question of any debts.
ajay sethi
(Expert) 11 September 2011
no case is made out for filing complaint under section 138 NI act .
inorder to come within amit of section 138 NI there has to be legally enforceable debt . as per facts staed by you there is no enfoeceable debt
secondly blank cheque is no cheque . if father has filled blanks as to date , amount no case made out for filing criminal complaint under section 138
prabhakar singh
(Expert) 11 September 2011
I would like to go with Mr.Ramachandran since just now only several speculations are possible, the problem of offence or no offence would arise only after father serves a notice on son looking on stands taken there shall have a great bearing to frame a sound defense which is just now not possible .Before that looking it as a problem is an useless affair.
Ajay Bansal
(Expert) 12 September 2011
See A.I.R. Manuals.
R.Ramachandran
(Expert) 12 September 2011
Dear Mr. Ajay,
Even in the past I requested you not to just post your reply as "See A.I.R. Manuals".
If the layman querist is in a position to access A.I.R. Manuals, search things for himself, please be sure, he would not be seeking help from any one of us.
My humble suggestion is, if you straight away know the answer (even if it is from A.I.R.Manual), please give the answer or specify the A.I.R. Manual - year, page etc.
Otherwise, your such replies carry no meaning and is not at all useful to anybody and much less to the querist.
girish shringi
(Expert) 12 September 2011
I do agree with Mr. Ramchandran.
Guest
(Expert) 12 September 2011
I do agree with Shri Ramachandran's piece of advice, dated 12th September. If Shri Bansal likes to differ with the opinion of any one, it will be perhaps better, if he expresses his actual point of difference, rather than simply stating "refer to A.I.R. Manuals", which a layman might have heard only for the first time and may also not be knowing from where he could get a huge lot of such manuals.
Advocate. Arunagiri
(Expert) 12 September 2011
I also request Mr.Bansal, if he feels any thing useful available in the AIR manual, please post it here, to help the common man (querist).
prabhakar singh
(Expert) 12 September 2011
If we examine answers of Mr. Bansal his suggestions one of this kind will be countless.Every one has his own way and there is no one way,your way is your way and my way is my way ,some one said i do not remember.
R.Ramachandran
(Expert) 12 September 2011
Dear Mr. Prabhakar,
Agreed. Everyone's way is different. But the way chosen should be useful to others. Otherwise what is the use in the way itself.
I am not saying one should always agree or disagree all the time or ones language or style should be same as others, which is not at all possible.
What one requests / expects is that whenever any answer is posted here to a query, that should be useful to the querist.
Simply posting "See AIR Manuals" would not and does not serve the needs of the querist is my humble view.
PROBABLY I MAY BE TERRIBLY WRONG in my views and expectations on this aspect.
Yes, I respect your view point.
prabhakar singh
(Expert) 12 September 2011
stating things that way i did not mean to pass any adverse remark against you.I really meant that despite noticing the same for uncountable times,i could not dare to warn him,so it was my weakness that i am hiding this way.
Advocate. Arunagiri
(Expert) 12 September 2011
I also agree with Mr.RR, on the way the expert is expected to reply. When a common man is approaching us for a help, we can not say to refer a AIR manual.
Even some of the advocates are suffering to find the suitable citations from AIR manual.
malipeddi jaggarao
(Expert) 13 September 2011
Though all of us concerned with such type of answers, the actual query contents are got deviated!. I agree with the advice of Mr.Ramachandran.
Arun Kumar Bhagat
(Expert) 25 September 2011
The son has to rebut the presumption u/s 139 N.I.Act by cogent evidence.
