• Cash against cheques related issue

My Uncle had issued few cheques without writing any date and name of the payee 3years before . Due to loss in business ,he is not in a state to repay, how he can save himself?
Asked 8 years ago in Criminal Law
Religion: Hindu

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5 Answers

1. Loss in business is no excuse to avoid repayment.

2.if the cheques are put into payment mode and dishonoured then he will have to face the proceeding under NI Act.

3. If he has no assets either movable or immoveable then he can file a case under Insolvency Act to get himself adjudged Insolvent.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) Section 87 talks about the effect of Material Alteration as “Any material alteration of Negotiable Instrument renders the same void as against anyone who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties;……..”

2) Your defence should be that you have not authorised drawee to fill in the amount and date of cheque

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

Hello,

In state to repay what, was that cheque against some liability and if yes then the other person is at liberty to present the cheque in the bank. However if there is no liability against the said cheque then you can ask you uncle to stop the payment and as and when your uncle receives the legal notice he should reply promptly to the same.

Though after issuance of the cheque you can not aboid the proceedings under secyion 138 of NI Act

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the holder of cheque has not initiated any action so far, then your uncle may give instructions to bank for stop payment stating loss of cheques, and lodge a complaint with the police for loss of the said cheques without mentioning that these have been given to so and so for so and so purpose.

In the meantime request the holder of cheque to not proceed with the legal action and arrange for repayment on some terms in installments.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

lodge a complaint before concerned local police stating that certain cheques bearing so and so numbers pertaining your uncle bank account at ____ bank were lost / stolen and got it registered as FIR and also to publish a public notice in local news paper.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

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