Sec 138 negotiable act
raju kumar rana
(Querist) 11 May 2014
This query is : Resolved
i had issued six blank cheques only signed to the party as a security cheque 2years back one year back i had settled all accounts with the party and i asked for my cheque he said it has been lost so iam not able to return your cheque so i inform the bank that my some signed and some unginged cheque has been lost so please stopp the payment of current cheque book and issue me the new cheque book the bank has done so after one year that party has bounced the cheque and sent me the notice to pay the amount and what should i do any case is filled under this
Anand Bali Adv.
(Expert) 11 May 2014
Dear Friend,
Merely presenting the cheques and getting it bounced with an intention to harass a person with out liability to pay on him is not justified at all in the eyes of the Law.
If you have no liability to pay him, he can not implicate you in a false liability to pay.
You are advised to reply the notice on the above grounds. and clearly mention in it that there is no due liability on your head to pay him, narrate the whole story and further make him concious that if any action be further taken against you he will be liable for the criminal and as well as the civil cases against him in the court of the law for which he only will be responsible.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
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ajay sethi
(Expert) 11 May 2014
you must immediatedly reply to legal notice. in your reply specifically mention that no money is due and payable accounts were settled . also rely upon correspondence exchanged with the drawee that cheques had been lost
raju kumar rana
(Querist) 11 May 2014
as i heared that if the cheque is not filled properly hence amount ,name and date at the time of signing of the cheque should be considered as in valid cheque is it true
Rajendra K Goyal
(Expert) 11 May 2014
Holder of a cheque can write the cheque if blank. You should reply the notice as advised.
ajay sethi
(Expert) 11 May 2014
once you issue blank signed cheque you authorise the drawee to fill in details . you can take the plea that date , amounts , have been filled in by the drawee . material alterations have been made without your consent
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
First of all issue a reply notice denying the entire allegations of the notice and also you may state the facts of the circumstance under which the cheques remained in his possession, besides that, secure the evidence of communication with the bank and to the party about the subject cheques made earlier, which may come to your aid while defending the case before the court.
