Legal Question in Insurance Law in India

someday ago my friend ask me to give him some documents like one blank cheque, xerox copy of my driving licence and one pass port size photo for some work. he said to me he will useing this cheque as dummy cheque and never send it for clearance at bank. so as a best friend i had hand over to him.

after 4 days, bank had called me that your Rs. 25000/- cheque is being bounced because of insuficient balance. i told them i haven't write any cheque and the signature in the cheque is not mine...

i asked my friend he said i haven't write and not signatured in your cheque...

i also asking me to forgive and to not take any action against him coz he will loose his job if i take any action against him...

i have proof that the signature is not mine and any hand writing analist can say what is truth...

so my question is should i take any action against my friend or third person who is envolved in this or not ??? or if i take action against him / them which pinal code should be used ???

give me answer as soon as possible...

thanks


Asked on 8/11/09, 12:54 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The payee may institute proceedings against you u/s 138 of N.I. Act. Therefore, you should obtain receipt of "BLANK CHEQUE WITHOUT CONSIDERATION" from the person to whom you had delivered the cheque and then report the matter to the local police. This action - receipt and police report - may protect you by using as a defence in the future criminal liability, if any.

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Answered on 8/11/09, 6:22 pm


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