Legal Question in Banking Law in India
my friend used my cheque without my notice and gave it to someone with his sign....what will happen if the person use it....is there any problem for me even i have not signed over there......please reply
4 Answers from Attorneys
If you have not signed the cheque, the bank will return the cheque. The payee may issue a notice to you demanding payment. You have to reply the same that the cheque was not signed by you. It is possible the payee may sue you in criminal court under Sec.138 N;.I.Act. To protect you give a notice to your friend taking him to task for forging your cheque. You may have to produce the same in a defence against the prosecution under Sec.138 of N.I.Act.
I would ask you to make a complaint about your cheque being stolen by your friend . Your this stand would save you in future for any kind of litigation against you .
in case your friend gave it to someone but putting his signatures, he may be tried for the offences of theft and forgery.
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