2 Blank Cheques

Originally posted by : BITCOIN INDIA
	Hi , I am student 25 years of age. I took a loan amount of 1lakh rupees cash from my friends parents they asked me for 2 blank cheques which I gave at the time. Now I paid them 1 lakh in cash and asked for my cheques they said they will give after 5 days but now they are asking for more and threatening to bounce the cheque with huge amounts saying that I have no proof of returning the money.

@ Bitcoin India, 

Is it your true name and correct facts as stated in your post ?

giving blank signed cheque gives a person license to fill any amount and date and have you prosecuted in S/138. 

You can have a defence as probably your friend is merely holder of cheque but not holder in due course as well.

but you cannot afford this this defence you  need to resolve without being prosecuted and hope to be acquitted after spending wadfull of currency.    But peace as you have gone on foolish way of signing blank cheque.

meaning whether he has the cheque lawfully.

You may serve a notice on them, preferably through a lawyer, setting out the facts as above and requesting the cheque be returned.

Sorry to say that it is difficult to believe your statements.  Is it really true or a creation?  Parents of your "friends" who gave you money demanded blank cheques?  And after returning the money they are demanding more money & threatening you?  

Anyway, if at all your story is correct, it will be prudent for you amicably resolve the issue by involving some respectable community members, if possible.  Of course, you may have to immediately apprise the Bank concerned in writing and also personally meet the Police Chief of your place for his help in the matter.

If the cheque is bounced it is a criminal action.  first you  have to apply for bail to ensure you being outside jail and then fight case.

You may just file a complaint with your Bank, and endorse a copy to your police station, stating the numbers of cheques, that these cheques are misplaced. If these cheques are deposited after filing the complaint it will be a criminal offence.

what do you think you will get out of this action.

Why are you so afraid of any steps, if  taken by them when you have  reportedly already repaid the entire  loan amount to them.  There is a way for everything in this world.  You should be bold enough to face them and expose their dishonest intentions and greed for money, rather than getting frustrated to such an extent as to think of any extreme actions as stated by you .  Never ever  even think of taking one's own life either to prove others wrong or out of fear and despair please.  As already guided by the experts herein above, please get in touch with your Bank concerned, preferably meet the Manager in person and explain everything alongwith a written report.  Simulteneously, personally meet the Police Chief of your place with a copy of the said written report given to the Bank and seek his guidance .  They will certainly help you to come out of your present situation.  Be brave and live happily please.

If handled prudently, the blank cheques poses no threat for  cheque bounce case. 

First of all, please note that bouncing of cheque constitutes an offence only if issued against a lawful debt. Now that there is no debt, no action could be initiated.

The problem is the legal presumption that the cheque had been issued against a lawful debt. But this presumption is not absolute, but rebutted.

Such a rebuttal requires that the fact of clearing of debt is brought on record. This could be done by addressing a communication, preferably through a lawyer, to the holder of the cheque detailing the circumstances in handing over the blank cheques and seeking their return as the debt stands cleared (listing out the details of payment). A copy of the letter could be endorsed to the Bank as well. Also, address a separate communication to the Bank instructing stoppage of payment. 

Having deprived of cause of action, there is no further chance of a cheque bounce case. Even in the unlikely course of cheque being misused, above communications would provide you more than sufficient protection.

Firstly, it is mandatory to serve a Notice prior to approaching the Court. Such a Notice could be effectively met based on thee communications on record.

Secondly, a cheque bounce case is a criminal proceeding. The complainant is required to prove his case beyond reasonable doubt. However, the standard of proof required of defence is that of preponderance of probability.