Legal Question in Banking Law in India
Cheques as security
Whether a letter by company to its dealers that they should give 3 blank cheuques as security against their future outstandings and dealer agreeing for the same alongwith a line that in case of default company can use the same against him. Will the presentation of those blank cheques and dishonour will attract sec. 138 of the Negotiable Instruments Act, 1872.
3 Answers from Attorneys
Re: Cheques as security
It depends on the wording of your letter. Moreover any instrument given when not honoured will attract the provisions of the NI Act. In case of any further clarifications feel free to contact us.
Re: Cheques as security
Once the entire transaction is in the nature of Security, you cannot file a Complaint u/s.138 of N.I.Act, as the Provision is clear as to when a complaint is maintainable. However, you have the option to pursue civil remedies.
Re: Cheques as security
Your question itself has the answer...The cheques in question are given merely as a security and not towards discharge of any pre-existing liability or any legally enforceable debt. Moreover, in view of the fact that cheques were executed in the blank, the cheques are legally construed as inchoate instruments. By tendering them towards future outstandings the dealer is impliciting mandating through operation of law, the company in question to fill put the blank spaces with the amounts and figures and present it to the concerned bank for discharge of a future liability. An offence under section 138 of the Negotiable Instruments Act 1881 cannot be made out since the cheque is merely a security instrument. The proper remedy for the company would be to institute a civil suit based on the original cause of action arising out commercial transactions between the company and the dealer and on the dishonoured cheques for recovery of the amounts. There is, however, a cleavage of opinions on this subject as amongst the various High Courts in India and also the apex court in India. In the circumstances, it would be prudent to review the entire question of law under legal advisement.
Related Questions & Answers
-
Bouncing of cheque i have given a blank cheque to a company call us commnet and a... Asked 1/03/05, 10:57 am in India Banking Law
-
Wholly blank signed cheque if a creditor takes a wholly blank signed cheque from the... Asked 12/26/04, 10:51 am in India Banking Law
-
Section 4, 5 and 20 ni act . in section 4 and 5 of negotiable instrument act certain... Asked 12/26/04, 10:38 am in India Banking Law
-
Fraudent Demand Draft one of my customer has given me a Demand draft for my service... Asked 12/17/04, 12:26 pm in India Banking Law
-
Negotiable instrument act 1881 section 4 ,5, 6 and 20 in section 4 and 5 of... Asked 12/12/04, 2:57 pm in India Banking Law