Can a Blank cheque filled by drawee and file case?
3 years ago
Hi Lawyers,
One of my friend given loan to other friend loan of 5 Lakhs 3 years before and while taking loan he has given blank cheuqes by signing on it. Its been three years he did not paid the principle and interest also not paid from 2 years. Whenever my friend asks him he say he will pay next month. But he never paid. Last transaction he made was in April 2020 to him. Also he has given fresh blank cheque and blank promisory note. So my question is can we fill that blank cheque and promissory note and file a case against him.
Also what is the maximum rate of interest court accepts.
Please suggest me.
Thanks in advance.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Yes, blank cheque could be filed, as the person by giving the blank cheque has consented for the payment. Interest rate depends upon various factors.
Yes, blank cheque could be filed, as the person by giving the blank cheque has consented for the payment. Interest rate depends upon various factors.
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A.Hi,
There is fixed interest rate, however, it varies from case to case. Also, since signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars.
There is fixed interest rate, however, it varies from case to case. Also, since signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars.
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