Pravin Soni 14 December 2016

Mis use of cheque

Can the drawer of a cheque be booked to law if he misuses a blank cheque given to him (with due acknowledgement) for signature verification in the year 2009 & deposits in 2015 for recovery of disputed dues ? The drawee issues the drawer legal notice under section 138. The drawer in his reply brings to the notice of the drawee of his act of misuse. The drawee doesn't proceed further to book the drawer under 138. Now, can the drawer book a criminal case against the drawee for misusing the cheque. What is the time limit to register the case and how to go ahead in this matter ? How does Law of Torts apply in this incidence ?

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5 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 14 December 2016

Such defence of misuse cannot be taken as per Sec 140 of N I Act.

G.L.N. Prasad (Retired employee.) 14 December 2016

The cheating, breach of trust commences the day on which the drawer comes to know of such misuse.

For inforrmation of all members, whenever a cheque leaf is issued for any verification as sought by aencies, invariably cancel the cheque and write on the face of it the purpose of giving the cheque and to whom it was given with such date.

advocate praveen (prop.) 14 December 2016

Dear,

if you have sufficient defence in Ch. Bouncing case and be acquitten in that matter as per your defence. then only you can file a case under criminal breach of trust / cheating against the person who filed a false case against you.

regards

Adv. Praveen

Pravin Soni 15 December 2016

@ Adv Praveen. Thanks. I have proof in the form of their own acknowledgement that the said cheque was given in 2009 for the purpose of signature verification. Now they have deposited the same cheque in 2015. When this fact of misuse was brought to their notice in my reply notice, they did not go ahead with filing a case against me. Now, can I book a criminal case on them for forgery, breach of trus