Cheque bounce blackmail case
5 months ago
Hello sir,
My dad had given signed blank cheque without date to one of his friends 3 years back. Now duebto some personal issue his friend is blackmailing him and has filed a fraud case stating he is supposed to get 7 lakhs which is not right.
Is there any way I can help my dad to come out of this legally?
A.Dear Client,
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment 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 suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. The Supreme Court in the case of Sripati Singh v. State of Jharkhand, 2021 SCC OnLine SC 1002, decided on 28.10.2021, held that a cheque issued as security pursuant to a financial transaction cannot be considered a worthless piece of paper under every circumstance and that there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. On such presentation, if the cheque is dishonored, the consequences contemplated under Section 138 and the other provisions of the N.I. Act would flow. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. So, in view of the aforesaid averments of Apex Court, you need to consult with an Advocate for guidance and steps. In case you need our expert service in this regard, you may contact our legal team with the details of the case.
When a person issues a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment 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 suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. The Supreme Court in the case of Sripati Singh v. State of Jharkhand, 2021 SCC OnLine SC 1002, decided on 28.10.2021, held that a cheque issued as security pursuant to a financial transaction cannot be considered a worthless piece of paper under every circumstance and that there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. On such presentation, if the cheque is dishonored, the consequences contemplated under Section 138 and the other provisions of the N.I. Act would flow. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. So, in view of the aforesaid averments of Apex Court, you need to consult with an Advocate for guidance and steps. In case you need our expert service in this regard, you may contact our legal team with the details of the case.
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A.Dear Client
Gather all relevant documents, including the signed blank cheque, any communication between your dad and his friend, and details about the nature of the transaction. This evidence can be crucial in establishing the context. While it's not illegal to issue a blank cheque, it's essential to understand the potential consequences. A blank cheque can be misused, leading to fraud or other legal issues. If your dad is being blackmailed or if there are false allegations, consider filing a police complaint to report the blackmail and provide any evidence you have.
Gather all relevant documents, including the signed blank cheque, any communication between your dad and his friend, and details about the nature of the transaction. This evidence can be crucial in establishing the context. While it's not illegal to issue a blank cheque, it's essential to understand the potential consequences. A blank cheque can be misused, leading to fraud or other legal issues. If your dad is being blackmailed or if there are false allegations, consider filing a police complaint to report the blackmail and provide any evidence you have.
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