Legal Question in Criminal Law in

I issued a blank cheque to a person before 10 years to finance me just Rs.10000/- and I paid the complete amount after 2 years from the date of receipt. I asked for the cheque, he replied that he would give it to me in couple of days. Now, he has handed over the cheque to a third party (whom I do not know at all) and that party has sent the cheque to the bank and it got bounced and he has sent legal notice to me through lawyer and there will be hearing in the court in 4 days. The person who received the cheque from me, still says that he will get me cheque and I am planning to see the case without any lawyer. Now I have to face the case in the court. I just need the following please:

1. How to prove that the third party is not at all involved in the case. and

2. How to approach the person, who received the cheque from me, to say that he received the cheque and ultimately he is responsible?

3. Is there any way to dismiss the case?

Please guide me in this regard,

Thank u

Note: I have a video and audio recording taken recently with the cheque receiver confirming that he received the cheque.


Asked on 9/27/10, 1:08 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if you have received the summons in the case, you will have to contest and prove the factum of issuing the cheque to another person. Your main argument is that the cheque is without consideration being stolen and/or fraudulently obtained and used, and this person is neither 'payee' nor the 'holder in due course'. it may not be also out of place to see that the cheque series must also be ten years old You must have had several cheque books from the bank after that. the debt if any, is not enforceable as contemplated under section 138. Rest one must see the entire documents to form further opinion.

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Answered on 10/01/10, 10:59 am


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