arti 20 August 2017

Misuse of cheque by 3rd party

we have taken unsecured loan by a X person and given a cheque of the loan amount containing no name and date on it as security. We paid the loan amount with interest but couldnt get the issued cheque back. that X person given our cheque to some one whom we dont know at all. this person deposited the chq and it bounced, now he is asking us to pay the amount or else he go to court. more 30 dyas have passed after the cheque is bounced. by creating many pressures he has managed to get 60% amount from us in form of post dated cheqes. suggest what action we should take to save the money and what he could do against us. The X person is not at all taking responsibilty . suggest appropriate action against both of them, and save our money and ourselves.

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4 Replies

(Guest)

Dear sir,

First of all it is serious mistake at your part to issue blank cheque to the party,however if done by mistake, it was your duty to get the cheque back at the time of paying loan amount with its interest which is not done by you. Possession of written cheque (Blank cheque duly filled in by the third person) and its submission to the bank is a right of the bearer to get it cashed. Now due to insufficient balance the same is bounced. The responsibility of bouncing the cheque lies upon you.

Hence it is suggested that the matter may be settled amicably.

I hope that this solution will be helpful.

Thanks

Yours faithfully,

R.N.Shah

Siddharth Srivastava (Advocate) 20 August 2017

You have already committed two wrongs- firstly you you issued blank cheque and secondly without any reason succumbed to the illegal demand of stranger. Why you were afraid to face court? Issue instruction to Bank and stop encashment of issued cheque and simultaneously consult a lawyer and demand back your issued cheques and also report the police and also file suit for permanent injunction against stranger. In case of need consult with details. Sidharth 9811776422

(Guest)

Such things pertain mostly to academic queries.

By the way, if there is some truth in your descripttion, have not you contacted the lender of money and asked why he handed over your cheques to the other party? If contacted, what was his reqaction on this issue?