Cheque bounce case
Querist :
Anonymous
(Querist) 04 January 2012
This query is : Resolved
Hi ,
Last year i give a blank cheque to my frnd. But now these days our relations are not good and he tell me that he deposit my blank cheque, by mention 1lac amount, in the bank.. so please help me out , how i safe my self from that.
Devajyoti Barman
(Expert) 05 January 2012
Why did you give your friend a blank cheque? There must be business transaction.
However of you do not owe anything to your friend then lodge complaint to the Police about criminal intimidation and extortion.
Advocate. Arunagiri
(Expert) 05 January 2012
Go for a civil case declaring the cheque as invalid. If you could get the injunction for not using the cheque before the presentation of the cheque, no harm to you.
Rajeev Kumar
(Expert) 05 January 2012
I agree with both exoperts in their reply in criminal and civil side
ajay sethi
(Expert) 05 January 2012
was the cheque given i n discharge of debt due and pyable ?
if amount and date filled in by your friend then no cheque bouncing case maintanable . send a letter by registered post Ad to your friend requesting him to return the blank cheque .
Deepak Nair
(Expert) 05 January 2012
Mr.Sethi has rightly advised.
If there is no liability, then the case will not be maintainable. Further, if the contents are filled up by your friend and not you, then that amounts to manipulation of the cheque which is also not maintainable with respect to cheque bounce cases.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 January 2012
Once signature is admitted the accused has to prove how custody of cheque has gone from him.
Liability is presumed but the accused have right to rebut it. The story has to be plausible mere denial has no relevance.
V R SHROFF
(Expert) 05 January 2012
Issue legal notice to your friend, to return the cheque.
You clearly mentioned there that I gave you this cheque and cash to Pay to builder to pay token of a flat to be purchased for me, as suggested by you, but you neither booked my flat, nor returned my cheque, entrusted to you, also mention that I have no liability to pay anyone including you, and as now i demanded back my cheque as well as cash given to you, you spoils relation and threatening me to deposit cheque and harass me. the price increase of flat in last one year, is also taken away by you, and you breached the trust of your friend , cheated me. .
BAL masala your adv will do needful , after going thru your bank pass book, adjoining cheques & your other transactions including that with your friend. .
Attack is the best way to protect.
After issung notice, after a fortnight, complaint Police as suggested by Mr. Barman to “ lodge complaint to the Police about criminal intimidation and extortion.”
Why not tit for tat, for those who cheat you???
Adv Shroff
05-01-12
Deepak Nair
(Expert) 05 January 2012
Sendign legal notice for return of the cheque too is an option.
Raj Kumar Makkad
(Expert) 06 January 2012
It shall be better to issue your friend a notice and demand the unused cheque with complete detail. It shall definitely save you from coming danger.
prabhakar singh
(Expert) 06 January 2012
Yes! true but you have not taken pain to tell us why at all you gave him a blank cheque???Is it customary in your area to issue blank cheques to persons with whom relations are good so that they can misuse when relations are bad.
