A. Kumar Rai (job) 17 October 2015
Sir,
Someone Got my cheque and deposited in bank. he is saying I have taken a loan of Rs. 8 Lakh and issued him a cheque in lieu to dispose my liability. I never had taken any loan from him never issued him a cheque. He got this cheque (In fact Whole 10 Leaf Cheque book) From some where and trying to harras me as well to blackmail me. What should i do and What documents he need to File complaint regarding this. He sent me a notice for the same for this under section 138 NI Act.
M.Sheik Mohammed Ali (advocate) 17 October 2015
where are you from ? if you are in chennai call me.
SAINATH DEVALLA (LEGAL CONSULTANT) 18 October 2015
Did U not ditect when the 10 leaf cheque was missing? Something is missing somewhere in UR query as to the true facts/clarify
Anil Agrawal (Retired) 18 October 2015
Friends turned foes. People do not the whole cheque book and not know? Has he given any loan by cheque which you deposited in your bank. If not how it becomes legally enforceable debt? Something does not match.
Anil Agrawal (Retired) 18 October 2015
Come one out with the whole truth.
advocate poonooran (legal advisor) 18 October 2015
A. Kumar Rai (job) 18 October 2015
A. Kumar Rai (job) 18 October 2015
A. Kumar Rai (job) 18 October 2015
Anil Agrawal (Retired) 18 October 2015
If he has cheques he may go depositing those again.
A. Kumar Rai (job) 18 October 2015
SAINATH DEVALLA (LEGAL CONSULTANT) 19 October 2015
I dispute UR contention that U R not aware as to how many cheques were signed in that cheque book,I presume U are not comming out with the correct facts.
Anil Agrawal (Retired) 19 October 2015
Agree with Mr.Sainath. Something is fishy and truth is being suppressed.
![Dr. MPS RAMANI Ph.D.[Tech.]](/img/avatars/my_avatars/84227.jpg)
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 19 October 2015
If your cheque book or cheque leaves was/were taken without your knowledge, whether they were blank cheques with or without signature or fully made our cheque it is a case of theft you should or should have done the following: (1) Immeditely inform your bank about the loss of the cheque book or cheque leaves with numbers and give stop cheque instructions.(2) more importantly you should file FIR with the police. If you had done these things you can easily explain under Section 139 if the party goes to court. If at the time of filing FIR you were not knowing who the thief was, you will know it when you receive the demand notice under Section:138. Immediately you can give the name/s to the police. If any of the cheque leaves had been encashed police can trace the thief through the bank transactions. With a stolen cheque a thief may withdraw money. He will not be foolish enough to expose himself through Section 138.
As all the above safeguards are available one suspects somehting is wrong somewhere.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 19 October 2015
Your narration is improbable. If I were the thief I shall wipe your account clean and not go beyond that. No thief will do that.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
