Ni act-cheque bounce
VANGARI GANGA RAJAM
(Querist) 18 December 2013
This query is : Resolved
my client has given a signed cheque to Mr.X without writing Mr.X name on the Cheque. Subsequently, Mr.X has transferred the said Cheque to Mr.Y and Mr.Y has presented the said Cheque for collection and due to lack knowledge of cheque presentation to my client, the said cheque was bounced. And Mr.Y has issued a Cheque bounce notice to my client, whereas Mr.Y is not known to my client.
whether can we take plea of this that Mr.Y is not known to my client and regarding transfer of the cheque from Mr.X to Mr.Y ?
please help me in this regard
ajay sethi
(Expert) 18 December 2013
it was a bearer cheque issued by you . you authorised Mr X to fill in details . what is defence raised by you in reply to legal notice
VANGARI GANGA RAJAM
(Querist) 18 December 2013
i raised the defence as that believing Mr.X my client has issued the Bearer Cheque and Mr.X is cheated my client with colluding with Mr.Y.
Rajendra K Goyal
(Expert) 18 December 2013
A cheque is a negotiable Instrument. Holder has right to fill the blank spaces. X has handed over the cheque to Y for consideration and hence y is the holder in due cource of the cheque. Y has all rights to sue for bounced cheque.
AAK
(Expert) 19 December 2013
You ought to have been denied any transaction with Mr.Y. It would have been hard on the part of Y to show the transaction to prove legally recoverable debt.
ajay sethi
(Expert) 19 December 2013
apply for compounding of offence
V R SHROFF
(Expert) 19 December 2013
"You ought to have been denied any transaction with Mr.Y. It would have been hard on the part of Y to show the transaction to prove legally recoverable debt."
I support this wiew of AAK
VANGARI GANGA RAJAM
(Querist) 19 December 2013
thank you Shroff jee. i have given reply notice denying that Mr.Y is not known to my client and the bearer cheque is given to Mr.X to use himself only after giving prior intimation to my client.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 December 2013
Yes Mr Shroff and AAK.
The tricks of defense for criminal cases and particularly cheque cases comes by actual experience. Text book methods do not work.
In such cases counter defense should never be raised, it works in civil cases only.
Accused have many many opportunities to demolish the story of complainant.
In present case you have admitted about handing over cheque so law also presumes your liability. Now holder of bearer cheque has all the rights to endorse in favour of Y .
If counter defense was not raised than it was obligation on complainant to show and prove how the complaint cheque came in his possession and what was legal liability.
VANGARI GANGA RAJAM
(Querist) 20 December 2013
advocate defense sir,
according to you, what will be the defense to be raised to protect my client in this case, please suggest me.
ajay sethi
(Expert) 20 December 2013
without going through the complaint filed it would not be possible to advise
