self cheque
Tarun Kalra LL.M, M.B.A
(Querist) 07 August 2008
This query is : Resolved
hello sir,
what is the liability of a person who is drawing amount by a self cheque from anothers account, by ACCOUNT HOLDERS signatures on the front and back side of the cheque regarding payment of amount that he reiceived, for example there are two persons,A and B, A(employee) signs a cheque against his salary account AND the manager(B) of the school, FILLS IT(who is employer and paying authority)AND A SIGNS in the front and back side of the self cheque,(self cheque is filled by B, but signed by A i.e account holder FOR PAST MANY YEARS) and B fills the cheque for past many years and recieved the amount and paid it to A, now there is dispute between A and b on any matter, now can A say that B misused his money,(BUT ITS GOING FOR PAST 9 YEARS AND A NEVER COMPLAINTED BEFORE AS HE SIGHNS AND GIVES IT TO B FOR RECIEVE PAYMENT) or B cheated with him, or not pay money to him(as the cheque is filled by B, but signed by A in front and back side of cheque) what is the criminal, or civil libilty of B,(as he widraw money by A,s signatures from A,s account but the cheque is originally sined by A in front and back of cheque and its a SELF CHEQUE)
Srinivas.B.S.S.T
(Expert) 07 August 2008
Though it is a self cheque signed both sides by A, the bank records will show that the amounts were withdrawn and paid to B. Does B obtained any receipts from A showing that he paid back the amount to him?. As the process continued for as long period as nine years A cannot cryout foulpaly at this juncture.
Tarun Kalra LL.M, M.B.A
(Querist) 08 August 2008
no sir, there is dispute between A and B NOW, so A WILL NOT GIVE ANY RECIEPT TO B, CAN B BLAIMED FOR MISAPPROPRIATION OF MONEY, AS THE SELF CHEQUES WERE SIGNED BY A IN FRONT AND BACK, BUT THE PAYMENT WAS RECIEVED (BY SIGNING ON THE BACK OF CHEQUE BY B FOR PAST 9 YEARS) AND CHEQUES WERE FILLED BY B,
Manish Singh
(Expert) 08 August 2008
what are the facts behind the picture.
is it a firm and they both aare partners?
K.C.Suresh
(Expert) 09 August 2008
The person who signed the cheque in the back is the drawer of the amount. A has to prove that the amount was not given to him by B with evidence. Otherwise it can be presumed that things went on as it was for 9 years and now A has some axe to grind against B and hence the case.
