Legal Question in Banking Law in India
sir i m having a business firm , i have given a blank cheque to my partner before 1 year. now we r not partners & he refused to return the cheque.tell me that he can do any thing with that cheque or not & what should i do.
2 Answers from Attorneys
The validity of a cheque is only 6 months... so u have given a cheque before 1 year .. then there is nothing to worry..
If you have not mentioned the date on the cheque then he might use it and present the cheque in the bank.... in that case... send a letter to that person saying that there is no debt is due on your part.....
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Regards
If you have not put the dates, the other person may fill it up and present it. Immediately issue a notice to the person to whom you have given the blank cheques (giving its numbers) that they are without consideration and asking him to return or destroy the same, with copy to the drawee Bank mentioning that they should not honour the said cheques as they have been taken in blank without consideration. Anyhow, you have invited trouble by giving blank signed cheques to your partner and you have to go through all the troubles, the other person would give u.
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