Legal Question in Criminal Law in India

cheque bounce

We had a business family of parents and 2 sons. I am eldest son. After demise of my father dispute started on property and cash division. Being common firm we used to keep blank signed cheques with each other. Now my brother has deposited blank cheque of my account signed by me and encashed amount in my account. After this now he has deposited 1 more cheque which will bounce and I fear that he will falsely take action against me under bounced cheque offense. What is defense available to me? what can I do to safeguard myself?


Asked on 11/09/05, 2:13 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: cheque bounce

I you could prove that in fact blank cheque entrusted by you to your brother was misused, no other defence is required. Further, you can also prosecute your brother for criminal breach of trust and other allied offences.

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Answered on 11/09/05, 4:04 am


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