Mis use of blank cheques
Mahantesh
(Querist) 17 June 2013
This query is : Resolved
Dear Sir,
one site broker/real esate agant has agreed to get the land he has negotiated will get converted for that he has taken blank cheques from the accused and cheques collected by him will be utilised by him stating that he will utilise these cheues to pay the betterment leavy ,land convetion chares and development charge to be payable at board and lady has issued the Blank cheques in good faith but he has MIS USED THE CHEQUES by taking help of some third person to fill up the amount and presented the cheuqes and after return of the cheque he has issied a notice and after issueance of the notice when he has asked about same he came to accuesed and requested not to reply the notice since he will close the issue to avoide legal complications, but he has filed the case with bad intention of Harrasing and now case under progress and now person who has wrriten the amount is ready to come give his evidance that the cheque was blank and the complaninat has asked him to fill and he has filled the amount since he was not awere of the fact at that time. and this is being the fact of the case
kindly we seek expert advise and some case laws and citations to support our arguments kindly help
ajay sethi
(Expert) 17 June 2013
you have to fight case on merits . you have to prove that there was no debt due and payable . for judgements visit indian kanoon website
R.K Nanda
(Expert) 17 June 2013
search indiankanoon.com.
Raj Kumar Makkad
(Expert) 19 June 2013
If blank cheque was issued and the same has been utilized even then 138 NI is attracted if there is liability of the accused towards the complainant.
For judgments, visit indiankanoon org as already advised.
