My friend borrowed 6 lac from me..had given blank cheque ..can i i issue legal notice before presenting the cheque
2 years ago
My friend borrowed 6 lac from me..had given blank cheque ..can i i issue legal notice before presenting the cheque
ROBERT D ROZARIO
Responded 2 years ago
Adv. Sarika Khude
Responded 2 years ago
Ayantika Mondal @ Prime Legal
Responded 2 years ago
it doesn't matter if the check is filled out by someone other than the drawer as long as the drawer signs it. The cheque would not be invalidated, and the presumption under Section 139 of the NI Act would apply. If a payee willingly presents a signed blank cheque for any payment, the payee may fill in the amount and other details. This would not invalidate the check on its own. The accused would still have to establish that the check was not used to pay off a debt or liability by presenting proof.
Thank you very much. Please give the answer a rating.
it is immaterial that the cheque is filled by any person other than the drawer provided it is duly signed by the drawer. The same would not invalidate the cheque and shall attract the presumption under Section 139 of the NI Act. If a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars. This in itself would not invalidate the cheque. The onus would still be on the accused to prove that the cheque was not in discharge of a debt or liability by adducing evidence.
Thank you. Kindly rate the answer.
Lucem Leg
Responded 2 years ago
A.Dear Sir/Madam,
"No you cannot issue or send legal notice until and unless you have presented the said cheque before the bank."
You have two options to recover the said amount either by way of filing criminal case against her/him or by way of civil suit; in criminal case i.e. cheque bounce case.
In Criminal Case- Firstly, if you have signed blank cheque then, that cheque has to be dishonoured first after receiving return memo from the bank, you are eligible to send legal notice under section 138 of NI Act to demand the said money.
OR
Other option is filing of civil case, there, you can easily send legal notice to the concerned party to demand the said amount of money and if you did not get back the said amount you can file the civil suit against that person.
Kindly respond back in case any further assistance is required.
Rate us if you like.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars. This in itself would not invalidate the cheque. The onus would still be on the accused to prove that the cheque was not in discharge of a debt or liability by adducing evidence.
As per the verdict of the Hon'ble Supreme Court of India,if A Signed Blank Cheque Is Voluntarily Presented To a Payee, Towards Some Payment, The Payee may Fill Up the Amount and Other Particulars. This in itself would not invalidate the Cheque . So legal notice is not necessary before presenting that cheque.
Fake cheque bounce case
FD as a security for bail
Cheque bounce due to stop payment.
Cheque bounce
Cheque bounce case
