The FIR is the best defense for the drawer.
remain is depend on the complaint.
there is any reply of the notice send by the drawer or not?
Cheque bounce
Hi blank cheque signed by drawer was stolen.its payment was stopped by drawer with bank and police report ddr lodged cheque filled up and presented to bank.it was returned unpaid by bank. so called payee filled case against drawer under section 138 of ni act. how drawer can safe himself from the case. thanks
Asked 10 years ago in Criminal Law
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7 Answers
1. If the case has been filed then the drawer is required to enter defence to defend himself. If the payee succeeds in establishing his case the drawer would be held guilty and may be sentenced to imprisonment.
2. The DDR lodged to the police should be relied upon to prove that the cheque which was presented to the bank was in fact stolen and then presented.
Thanks for quick response.This case is with in family members Is it must for payee to prove that there is debt/liability against the drawer? If it cannot be proved then what
Asked 10 years ago
Anybody who files a case has to prove the liability of the opposite side if he is to succeed. The payee will be no exception. If he fails to prove it then the case will fall flat and the drawer would be exonerated.
when you have got DD report then you need not be worried as it will prove that the cheque was stolen/lost and being misused. It was not given in discharge of any debt and liability which the complainant has to prove.In case he fails to prove then complaint would be dismissed.
1. If the drawee can not prove that you had issued the said cheque to him against your dischargeable liability then you can save yourself from the case to be filed u/s138 of N.I.Act,
2. On the other hand if the drawee can prove that you had dischargeable liability against him for which you had issued the said cheque which was dishonourded by you, then the order may go against you.
If the drawee can not prove that you have dischargeable liability on him then his said claim/case will be dismissed against your complaint that the signed blank cheque was stolen from your custody.
My question is for krishan kishore ganguly.Are you suggesting that lodgingof police reportDDR will be of no use
Asked 10 years ago
1. There are two aspects in this matter. One is dishonour of cheque purportedly issued by the drawer as alleged by the drawee for which the drawee can file a case u/s138 of N.I. Act aganst the drawer,
2. The other one is the complaint filed bty the drawer that the said cheque was stolen from his custody,
3. The police complaint will be of importance if it can be proved by the drawer that he has no dischargeable liability on te drawee and also that the drawee is making all false claim of drawer's liability on him.