Legal Question in Banking Law in India

Dishonour of cheque

A Blank pronote has been filled for Rs.10lacs and signed by one lady and it was mentioned that for the purpose of construction of house and for daughters marriage. the Pronote was dated 3.12.2001 and in the purpose column'from jan 2001 to this date'. The scribe, and two attestors have attested. The scribe was called to give evidence but was not examined with a fear that he will not support the claim of the complaint. Against this back drop the interest mentioned in the pronote was ALTERED.The blank cheque was filled by the complainant.The cheque was issued at A and itwas presented at B WHICH IS 500km away from A place.Though the accused called for the evidence of SCRIBE the lower court not allowed. The lower court convicted for 2 years with a fine of 5000/- Now this is in appellate court.The complainant said that some receipts have been torned. The attestors told in their examination that the receipts have been given back to the accused.The lower court accepted that there are MINOR DISCREPANCIES in the evidence but said that ON THE BASIS THEY CANNOT THROW AWAY THE CASE.The complainant has not paid any of the said amounts by means of cheque according to IT ACT. please advise


Asked on 11/16/08, 9:07 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Dishonour of cheque

your advocate can be the best guide

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Answered on 11/25/08, 6:37 am
J. Radhakrishnan independent Practice

Re: Dishonour of cheque

It is better to go by the advice of your lawyer who is contesting the case on your behalf. No precise guidance possible in this forum.

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Answered on 11/20/08, 8:24 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Dishonour of cheque

The issue of IT Act may not be relevant. However, since the case is at appellate stage, the proper course should be to follow advice of the conducting counsel.

For an appropriate opinion/guidance in a pending appeal, it is imperative for the lawyer to examine the complete pleadings and entire evidence on record which may not be possible in these pages. If you or your counsel have any questions, you may seek our guidance by e-mail. No charges.

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Answered on 11/16/08, 6:43 pm


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