Security cheque

nitin gatagat (Querist) 01 September 2016 This query is : Resolved
dear sir , i had given a blank securtiy cheque to company on 20.12.2015 to a mutinational company.while agreement. but in last month dispute arised with them . so i done stop payment of cheque and informed them also through legal notice not to use my cheque on 22.8.2016 last week . on 22.8.2016 MD of the company having talk with me for fnf purpose payment plan as the amount is disputed i cant agree so they used my blank cheque and filled date and amount and cheque bounced today .. when i enquired in bank found date 21.8.2016 witten on it by company . how it can be used by them when there official talking to me on mail for fnf purpose on 22.8.2016 and 23.8.2016 .. is this sufficient to prove blank security cheque given

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 01 September 2016
Yes. Not only the official talk on subsequent dates but earlier stop payment and information in writing given to that company shall be beneficial for you in case further action is initiated. You should also reply to the notice so that it may be beneficial for you.

nitin gatagat (Querist) 01 September 2016
but my cheques are signed only , date and amount fille by them

Guest (Expert) 03 September 2016
Security cheque for what purpose?

nitin gatagat (Querist) 03 September 2016
security cheques given at the time of agreement as genral manager and branch manager mailed for security blank signed cheque ..i have it on mail

nitin gatagat (Querist) 03 September 2016
but there is nothing mentioned by company regarding blank cheques in agreement

Guest (Expert) 03 September 2016
Did you give the cheque with forwarding letter and what were the contents of your letter, if did no?

nitin gatagat (Querist) 03 September 2016
no . i had not given any forwardinge letter.... after 3 months when dispute arise i had given a legal notice reguarding not to use my blank cheques as its given as security only and not towards any legal inforcible debts

nitin gatagat (Querist) 03 September 2016
sir i had returned them 60 lakhs stock but they given me credit note for 15 laks only ... is the main dispute ,, and amount put by them is not accepted as its wrong

Guest (Expert) 03 September 2016
The proof is not sufficient with you.

Rajendra K Goyal (Expert) 03 September 2016
By issuing blank cheque you have authorized the holder in due course to fill the cheque particulars, till you are able to prove otherwise.

The have filled date prior to your official talks / notice. Your defense has less merits.

Engage some good layer and defend your side.

Rajendra K Goyal (Expert) 03 September 2016
You have raised similar query some 3-4 years back at:

http://www.lawyersclubindia.com/experts/138-of-ni-act-404741.as

Whether it is same case or different as dates are changed.

If not, when you had faced problem in issuing blank cheques, why have you issued again.

Surrender K Singal (Expert) 08 September 2016
RKM sir has opined positively; You have fighting defence

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries