N i act, 1881
Pradip Bajaj
(Querist) 26 March 2016
This query is : Resolved
Sir,
What are the available remedies for the accused person with accusation of dishonour of cheque
i]issued without consideration and
ii]with considerations.
iii] any ruling in favour of accused.
iv] against of accused.
Devajyoti Barman
(Expert) 26 March 2016
post actual problem, Academic query is not replied here.
P. Venu
(Expert) 27 March 2016
Please post the material facts and the actual problem ,if any.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 March 2016
The rulings do not act as math figures. Lower court will say it is not applicable than nothing can be done.
Just go through the recent HC citation posted in forum section on this site in which a latest SC case was mentioned and even court mentioned it but said not applicable .
Regarding other problem even a cheque given
for consideration can be defeated since there are many other technical issues which vary from case to case.
And any cheque given without consideration can be lost since without expert legal steps the accused gives major admissions in the plea on first day and in 313 statement.And above all most of the cross supports the complainant and so goes against the accused.
In a conviction case at Delhi court last week the complaint was clearly time barred since notice was issued after limitation.But complainant produced a courier memo of earlier date and won the case.
Hear the defense advocate failed to properly cross the complainant and even the courier co and lost the case. Notice sent by courier can not be presumed as deemed service under section 27 of general clauses act.More ever all the records of the said courier co should have been called to show whether any article was actually booked on the alleged date and it contained the notice and was taken to the place of accused .
advocate defense - firmaction@gmail.com
Pradip Bajaj
(Querist) 27 March 2016
Sir,
Facts of the case are....
1]Blank cheque issued with signature by the accused to the complainant.
2]Cheque was filled by the complainant for Rs. 7 lacs, where as only Rs. 1 Lac taken in cash.
3]No witness otherthan both were present at the time of payment received by accused.
4]No agreement between the parties regardin the payment.
5]Payment made on good faith only.
6]No blood relation within the parties.
7]in the notice issued by the complinant's advocate, it is mentioned that "as informed by my client you are liable to pay an amount of Rs. 7 lacs
8] what are the remedies available to the Accused on the above facts.
9]CAN IT BE CLAIMED THAT THE HAND WRITTING IN THE SIGNED AND UNFILLED CHEQUE IS NOT OF ACCUSED AND FILLED BY THE COMPLAINANT OR ANY PERSON OTHER THAN ACCUSED.
10]ANY OTHER MERIT IN THE CASE? ON AVAILABLE FACTS ON ACCUSED SIDE.
SAINATH DEVALLA
(Expert) 27 March 2016
Though with insufficient subject matter initially,Defense Advocate has given a good analysis,nothing more to add at this stage.
Rajendra K Goyal
(Expert) 27 March 2016
In a blank signed cheque, if the cheque was filled by the complainant it would be difficult to prove material alteration / fraudulent cheque.
Try to have amicable settlement. If not possible, oppose the claim on merits.
Pradip Bajaj
(Querist) 27 March 2016
CAN IT BE CLAIMED THAT THE HAND WRITTING IN THE SIGNED AND UNFILLED CHEQUE IS NOT OF ACCUSED AND FILLED BY THE COMPLAINANT OR ANY PERSON OTHER THAN ACCUSED.
Pradip Bajaj
(Querist) 27 March 2016
ANY OTHER MERIT IN THE CASE? ON AVAILABLE FACTS ON ACCUSED SIDE.
SAINATH DEVALLA
(Expert) 27 March 2016
Dear querist,
U R not clear whether the case is real or academic.UR later replies are keeping on adding new substance
Pradip Bajaj
(Querist) 27 March 2016
Sir,
New substances are added to clear facts. Further, this case is real.
Adv. Yogen Kakade
(Expert) 28 March 2016
You can defend with the fact that the cheque was not filled of issued by the drawer. And the amount was fraudulently mentioned by the beneficiary.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Pradip Bajaj
(Querist) 28 March 2016
Sir,
But burden of proving that the amount mentioned in the cheque is not due and not filled by him, is on the Accused.
How to prove that the amount mentioned in the cheque is not due on accused, when there is no agreement of borrowing money and only the blank signed cheque is issued.
May it be claimed that as the cheque is not filled by the accused the same should be sent to a handwritting expert for his opinion?
Does it make anything in favour of the accused?
