Mothers cash

mukesh jain (Querist) 06 September 2012 This query is : Resolved
Mr. X filed a case under sec 138 and says that he bought Rs. 5 lakh cash from his mother and gave to Mr.Y as he was having a blank cheque of Mr.Y and filled his own name.Amount of Rs. 5 lakh is not entered in his account books.
please let me know can he fight the above case on his own name as he is stating that it was his mothers cash money. His mother is tax payer and recently sold her old house.

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Advocate Bhartesh goyal (Expert) 06 September 2012
Complaint can only be filed by Mr X as he is holder of cheque.

ajay sethi (Expert) 06 September 2012
has X shown in his books of account receipt of rs 5 lakhs as gift from his mother?
whether X had authorisation from Y to fill in his name ? ablank cheque is no cheque . only if authorisation given by Y then he can do so

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