Collateral or Blank cheques cannot bounce: HC

sir,

in a  reccently  case  complaintant  state in court that  he give money against chaque and he paid by in him accout of saving account,  but he produce in court  a manager of bank and statement of current acoount with entry of the money.

when advocate of accused produce a application for statement of saving acount then trail court is refused.

WHAT ACTION WILL DO BY ACCUSED ADVOCATE?

PLEASE   ADVISE.

NATWAR RAJ PUROHIT

SIR' pl provide me with some citations, with ref to 138 N.I ACT. ( security purpose & blank cheques) ( i had issued blank cheques for security purpose, which my financier misused it nd got bounced.

Court judgements are reported in press but commentry is out of context and hence many accused get confused.

The Mumbai HC citation has given direction that blank cheques should not attract NI 138 act but most of the courts even in Maharashtra as a routine giving conviction bases on blank cheques on which dates and amount are filled later in contradiction of above HC judgement.

For this citation and many other judgements reffered in this citation of Aurabgabad bench of Mumbai High court will be applicable if these facts are brought on record by clever cross examination.

At present it is the only accused who knows that blank cheque was given but nothing on the record of court case. You have to bring it on record than only this and similar other citations for blank cheques will be applicable and accused may be discharged.

Will you please attach copy of judgement

thanks

regards

Most welcome your appreciation.

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Shri Hemant Agrawal you read a lot and hence give valued contribution.

In the particular judgement reffered by you the complainant had admitted in cross that the cheque recieved was a blank cheque since it was the expertise of that particular defense advocate to skillfully got admission.

BY reading this judgment most of the accused get misled that they have also given blank cheque or security cheque and they will also be let off.

But it is only once in a while that complainant make such mistake due to shoddy handeling of the case otherwise normally no complainant will admit this.

THAN IT IS NEXT TO IMPOSSIBLE TO PROVE THE CHEQUE GIVEN WAS BLANK UNLESS ADMITTED BY THE COMPLAINANT.

SO THE LEARNED ADVOCATES AND OTHER EXPERTS WHO ARE GIVING GUIDANCE THAT BLANK CHEQUE CASE WILL BE AQUITTED SHOULD SHOW THE EXACT LINE OF ACTION THAT HOW TO PROVE IT IN THE COURT.

Please guide how to prove the cheque given was blank.

We are taking stand that the statement of account shows the probable date of issue cheque was Dec-07 as cheque numbers of cheque before and after the cheque in questiond were cleared in Decmber-2007 to 6th Jan-2008, account was closed on 29/04/2008, date of cheque was entered by money lender in his handwriting as 30/05/2010.

we have still to cross examine complainant, but in complaint he has mentioned in affidavit  that he sent notice to accused, who after receiving notice came to their office, settled the amount and gave cheque in question between 10/05/2010 and 20/05/2010

Kapoorstish Bhai ji, 

Take sample of writing of copmlainant in court and match his writing with particulars of cheque filled by his own handwriting from a good forensic agency , then section 7 of NI Act will save you definately.