Blank cheque can be bounce

5 years ago

Sir in my friend firm I made partnership I invested money via online banking made also notary deed he given me blank cheque he told me to fill my name myself so I filled. So payment is coming but he is hiding.so sir can I bounced the check and can filed case 420 ?

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ROBERT D ROZARIO

Responded 5 years ago

A.It will certainly raise eyebrows of the court, since he had not filled the cheque himself and handwriting will be different if you fill up his cheque. He will certainly raise this point in his defense and Magistrate will certainly make its observations and findings. Chance of your cheque bounce case u/s 138 NI Act will not make him accountable. However, other avenue needs to be ventured before coming to any conclusions. What I suggest you contact Vidhidarya for allotting a lawyer to review your partnership deed and other documents to determine what will be more fruitful for you.

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Vivek Kumar

Replied 5 years ago

Sir still my relation is good to my friend who given me cheque I can ask another cheque to write by him or what can ask him more? Or sir I can file money recovery suit? Is notary enough valid to prove him criminal though I sent all money by online to him what more strong action can I take? Pls advice me

ROBERT D ROZARIO

Replied 5 years ago

If your relation with your friend is good, then you want to file a case against him. Ask him to refund your money and close the matter. If he doesn't then lodge a complaint with the local police station for criminal breach of trust and cheating. For recovery of money you can file a civil suit. Both can go parallely.

Deepak Yashwantrao Bade

Responded 5 years ago

A.Issued and send legal notice throught lawyer for payment.if he intentionally hiding any payment then you can file complaint of criminal breach of trust u/s 405 and cheating u/s 420 of ipc.

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Vivek Kumar

Replied 5 years ago

Can I also file sir recovery suit of money and profit?

Deepak Yashwantrao Bade

Replied 5 years ago

Yes you can

Abhimanyu Shandilya

Responded 5 years ago

View All Answers

A.Yes you can. So. you present the cheque in the bank an when it gets dishonoured then file cheque bounce case. Cheque bounce case involves lot o technicality so better hire lawyer to help you out with that otherwise the case may become weaker in your favour.

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