My friend borrowed 6 lac from me..had given   blank cheque ..can i i issue legal notice before presenting the cheque 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

A.You can inform him about your presenting his Cheque to your banker and he should make sure that his bank account has sufficient balance to discharge his liability or Cheque amount. You can issue a demand notice only in a situation when his Cheque gets bounced and you've received a memo with a remark insufficient funds etc.
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Adv. Sarika Khude

Responded 2 years ago

A.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.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
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.
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Anik

Responded 2 years ago

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A.Hi,
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.
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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.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.A meaningful reading of the provisions of the Negotiable Instruments Act,1881,as amended up to date, including in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payee remains liable unless he adduces evidence to rebut the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person other than the drawer, if the cheque is duly signed by the drawer. If the cheque is otherwise valid, the penal provisions of Section 138 would be attracted.

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.
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