Legal Question in Banking Law in India

Based on Cheque

I Had given my cheque to my relative which was a signed bearer cheque and it was without date and without amount, now after 1 year i received a phone call from one of the farmers of grapes that the cheque is laying with him and he is going to court if i dont pay him rs 50000/- i have not done any deal with this person, and my relative has done the deal but i dont know anything about this, what actions can i take inorder to save myself and what are the actions which the farmer can take against me evenif i m not involved in this matter? Please give me a suitable suggession.


Asked on 5/03/08, 9:17 am

4 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: Based on Cheque

You were stupid in arming your friend with a signed blank bearer cheque. If you did not owe any money, why at all you gave him blank cheque. The farmer who has the cheque filled in his name can certainly proceed against you in the magistrate court under Sec.138 of the N.I. Act. Act responsibly at least now, by replying to the notice that may be received from him, if your cheque is dishonoured, by giving a proper reply in consultation with your local Advocate, that the cheque was forged, it was an accomodation cheque given gratituously to your friend, and that the same has not been given in discharge of any debt. Take the chance of your defence in the local court as and when you are proceeded against.

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Answered on 5/03/08, 11:11 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Based on Cheque

This is utter blind faith in this civilized world!

Anyways you may consult with your local Advocate and issue a legal notice before he takes any action regarding the dishonourment of cheque. Defend the case with the help of good lawyer.

All the best!

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Answered on 5/03/08, 1:13 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Based on Cheque

You have done a big mistake. now you can contact a local advocate if he files case u/s 138 and when he sends you a notice ask your advocate to draft a reply stating above facts.

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Answered on 5/05/08, 2:35 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Based on Cheque

Don't commit the mistake any more.

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Answered on 5/05/08, 2:50 am


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