Blank Cheque and Stamp paper Sign of for 5 Lakh Rupee
6 months ago
Dear Sir,
Good Evening,
i was take 5 lakh Rs from my Boss and i give tohime Blank Cheque and Stamp paper for 5 Lakh Transfer and 1 lakh Case payment after that i Returned 5 lakh in Case Payment because of his Pay Tex for this payment so he take Payment in Case from me after 3 to 4 month he call me and more Money Demend otherwise he used Balnk Cheque against me and Stamp paper for proof so please suggest what i do ??
A.Dear Sir,
You may immediately lodge a police complaint and also get issue a legal notice thus teach him a lesson but it will be at the risk of your job.
You may immediately lodge a police complaint and also get issue a legal notice thus teach him a lesson but it will be at the risk of your job.
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A.Dear Client,
In case there is no date on a blank cheque issued by you as a security against the loan, the person holding the said cheque is free to present the same to the Bank on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal case against the drawer of the cheque under section 138 N I Act within three months from the date on which it was presented in the bank. Even a blank cheque leaf, voluntarily signed and handed over by the Drawer/accused, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. So, if you are able to prove the cheque was not issued in discharge of a debt, then you will not be held accused under Sec. 138 of N I Ast. But in your case in addition to a blank cheque, a stamp paper is also signed by you and handed over to the Boss, and by doing so you put yourself in the trap/glitch of your boss who is now threatening to extort money from you on either pretext with ulterior motives. So, at the moment, you have no other way but to inform the concerned Bank with details of the cheque advising to stop payment against the said cheque which you found missing from your custody, and make a GD at the local Police Station for the missing of the said Cehque ASAP and reach out to an Advocate for guidance and steps.
In case there is no date on a blank cheque issued by you as a security against the loan, the person holding the said cheque is free to present the same to the Bank on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal case against the drawer of the cheque under section 138 N I Act within three months from the date on which it was presented in the bank. Even a blank cheque leaf, voluntarily signed and handed over by the Drawer/accused, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. So, if you are able to prove the cheque was not issued in discharge of a debt, then you will not be held accused under Sec. 138 of N I Ast. But in your case in addition to a blank cheque, a stamp paper is also signed by you and handed over to the Boss, and by doing so you put yourself in the trap/glitch of your boss who is now threatening to extort money from you on either pretext with ulterior motives. So, at the moment, you have no other way but to inform the concerned Bank with details of the cheque advising to stop payment against the said cheque which you found missing from your custody, and make a GD at the local Police Station for the missing of the said Cehque ASAP and reach out to an Advocate for guidance and steps.
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A.Dear Client,
Carefully review the agreements you made with your boss, including any written contracts, cheques, or stamp papers. Understanding the terms and conditions of these agreements is crucial. Keep records of all communication, including text messages, emails, and any other written or verbal communication with your boss. These records may be useful as evidence in case of a legal dispute. Consider attempting to resolve the issue amicably through negotiation or mediation. Sometimes, a resolution can be reached without approaching the courts. If your boss threatens or takes any illegal actions, such as using the blank cheque inappropriately, you may need to file a police complaint to protect your interests. If necessary, you can take legal action to protect your rights. Your lawyer will guide you through the process, which may involve filing a civil suit or seeking injunctive relief to prevent your boss from misusing the blank cheque or stamp paper.
Carefully review the agreements you made with your boss, including any written contracts, cheques, or stamp papers. Understanding the terms and conditions of these agreements is crucial. Keep records of all communication, including text messages, emails, and any other written or verbal communication with your boss. These records may be useful as evidence in case of a legal dispute. Consider attempting to resolve the issue amicably through negotiation or mediation. Sometimes, a resolution can be reached without approaching the courts. If your boss threatens or takes any illegal actions, such as using the blank cheque inappropriately, you may need to file a police complaint to protect your interests. If necessary, you can take legal action to protect your rights. Your lawyer will guide you through the process, which may involve filing a civil suit or seeking injunctive relief to prevent your boss from misusing the blank cheque or stamp paper.
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