One of my friend owes me some money and as a guarantee he had given me a signed blank cheque leaf. He had given me a pronote also saying he will settle the money on installments. But the due date is over and he had settled a small portion of the due amount. After the due date it's almost a year now. I don't think he is sincerely trying to settle my dues. At this point I'm thinking whether I should fill the due amount and present the cheque in the bank and I'm sure it will get dishonored. Kindly advise me by doing this will really help me to get my money back?
1. Yes, you can fill up the balance amount and get it dishonored in bank.
2.once it is dishonoured you can file a cheque bouncing case u/s138 NI Act.
3. Since there is a pro note it would not be difficult at all tp prove that he owed you money and in discharge if this legal debt only he issued the cheque.
So act accordingly.
Hello,
Yes you can present the cheque in the bank at the earliest, if their is some liability then if the cheque is not honored you can send him a legal notice and subsequently can file a case under section 138 of the Negotiable Interest Act. A blank cheque in such cases is treated as a security cheque and you can therefore easily file a case.
Regards
1) you can fill in the blank cheque and deposit the cheque
2) n accused having given a blank signed cheque – is presumed to have given the authority to the payee/holder of the cheque to fill in the particulars.
3) Section 20 NI Act talks of “inchoate stamped instruments” and states that if a person signs and delivers a paper stamped in accordance with the law and “either wholly blank or have written thereon an incomplete negotiable instrument” such person thereby gives prima facie authority to the holder thereof “to make or complete as the case may be upon it, a negotiable instrument for any amount specified therein and not exceeding the amount covered by the stamp.
4) Division Bench of the Kerala High Court in Lillykutty v. Lawrance 2003 (2) DCR 610 in the following words:
In the instant case, signature is admitted. According to the drawer of the cheque, amount and the name has been written not by the drawer but by somebody else or by the payee and tried to get it encashed. We are of the view, by putting the amount and the name there is no material alteration on the cheque under Section 87 of the Negotiable Instruments Act. In fact there is no alteration but only adding the amount and the date. There is no rule in banking business that payee’s name as well as the amount should be written by drawer himself.
You can fill the cheque for balance amount, present it before court, get it dishonoured, file a cheque bounce case against him. Simultaneously you may file money recovery suit
Hi, you have to present the cheque, once it was dishonor, you have to file complaint under section 200 of the Cr.p.c.
Hi, The validity of the cheque is 3 months. Did you accept as PDC's? .
In this regard, you may file both criminal & civil case. As part of criminal case, You can present the cheque to the bank. If it get bounced then you can file cheque bounce case. As part of civil case, you can file recovery suit.
Thanks,
Adv.Niranjan,
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