Legal Question in Banking Law in India

Stolen Blank Cheque Misused by my own brother:

Someone as trustworthy as my own brother, somehow got in his hands some blank cheques which I had signed some 15 years ago and given to my father so he could withdraw the remaining balance in one of my bank accounts. He then filled out all the entries in the cheques, making himself the payee, knowing that the bank account did not have much balance, and aware that since the cheques will bounce, he can make a case out under Section 138 of NIA. His lawyer now claims that I had taken loan from my brother and the blank cheques were given as security. I did not expect this, and now have no hesitation in fighting back and making sure that my brother pays for his misdeeds. What is the best course of action for me. Since my brother has always been financially dependent on my father, and I never even asked him for one paisa of loan, how will he even try to prove that he had given me a loan? He still has, in his possession, the rest of the chequebook.


Asked on 10/25/10, 7:37 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

first and the foremost, why you kept the blank cheques in access of your brother. in case he has made out the case that cheques were kept as security, he has to show that he paid you money through cheque in your account. as you say, you never received the money, your brother s case becomes weak. however, i would like to see all the papers before suggest you a cogent defence in this case. you can fight back for your honour.

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Answered on 10/25/10, 11:44 pm


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