8 years old blank cheque and stamp paper! need help :(

try to record the vedeo/voice footage of your uncle regarding the black mailing and when you think you have gathered enough eveidences regarding the black mailing ,go to police station and lodge a F.I.R in this concern ,retain the original  record of the evidences with you.

Please send a Legal Notice through a Lawyer mentioning all the facts of the case,under which circumstances the cheques were given. Legal Notice would be evidence in the court,if your uncle files any frivolous case. He could only file Cheque bouncing case on the basis of Cheque and money recovery suit on the basis of false promissiory note on stamp paper.In both conditions you could saveguard yourself by sending a legal notice to demand the blank Cheques and Stamp paper and if he fails to provide,please sue him in the court. Adv.Pradeep Kumar 09871765000.

No case can be made out against you so keep quite, by initiating action by you will be sure sign of your gult.

file a police complaint about the said cheques and the stamp paper which were taken forcefully by your uncle from your parents and based on that compaint you have to instruct your bank for stop payment of the cheques. so that misuse of the cheque could be prevented.

 

You also need to apply before the magistrate court for cancellation of the valididty of the stamp paper to avoid any misuse.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai 

Thank you for the responses.. I believe that filing a complain would cause more problem and he might misuse the documents against us. I would like to know whether these documents have any validity from the date of issue as they are almost 8 years old i.e.Stamp paper.

Plus the name of the bank has also changed few years ago when State Bank of Indian merged all its local branches into the same name and the name on all the cheques have the previous name of local branch of state bank.

Instead of filing a complain that they are forcefully taken, Can i file a complain for loss/stolen documents?

Dear friend,

While you may prove that these blank  instruments so many years old, legally unused stationery will have no expiry date as such, unless and untill they are filled up/written with date of execution. In which case the Law of limitation will come to effect w.r.t. to the date of execution.  To strengthen your case it is better that you should record  the conversation of your uncle black mailing you. By chance you are not able to record by yourself you may think of filing a FIR and Police will do the recording with prior arrangement.   Alternatively you may also do one more option - that is to say, lodge a FIR with the police that these blank documents are missing/are stolen by somebody and ask the police to retrieve these documents. Also publish in the news paper that these documents are missing and anybody misusing them will be prosecuted. It is very difficult to protect your interest with out the involvement of police or court. In any case you should notify your banker for "stop payment" of these cheques. Nevertheless bankers will not honour these cheques as nowadays MICR cheques only will be honoured by the bankers, moreover since already merger of banks has taken place it is not possible to purt thro' these cheques.

Your Uncle has to prove the discharable liability against which those cheques were issued to him which will be difficult to prove by him.