Ashique (Self Employed) 17 January 2014
If a guy B gives a blank signed cheque to Mr. A after taking a loan from Mr. A, and then Mr. A writes the amount and name in the cheque and the cheq gets bounced. Then will there be a problem in the court (if Mr. A pursues a cheq bounce case) for Mr. A as Mr A himself filled the details in the cheq signed by B.
Can Mr. A admit that he has written the details but there is genuine sign on cheq by Mr. B
Ashique (Self Employed) 17 January 2014
B has genuinely signed the cheq, it can be proved with witness from the bank official.
So you mean that A can admit in court (if asked by judge or on cross examination) that he has filled up the details.
Uday Kumar (Advocate ) 18 January 2014
Dears,
Who filed up the cheque is no dispute as far as cheque would have passed from the Back if Balance was available in the Said A/c.
You need to see if case was filed against any Legal Debt Liability or You have returned the loan in full and this cheque which may have been given as a security which was not returned and later misappropriated. Hence as far as Cheque was not issued against any Legal debit Liability Cr Case U/S 138 Ni act will not attract.
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