• Issued a blank cheque

1.5 years back took a loan from friend of RS 1.5 lakhs in cash .for the same I had given 3 cheques for RS 50000 each(intentionally wrongly signed in that cheques and that day itself i had registered stop payment against the cheque in online with the reason of signature mismatch), there is no written agreement nothing..everything is in oral, I have cleared that amount in cash,I don't have any proof for that. Now he is blackmailing me with those cheques I'll submit to bank then I'll book a case against you under section 138 like that..what to do now kindly help me. How to escape safely in this matter.
Asked 4 years ago in Criminal Law
Religion: Hindu

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24 Answers

Dear Sir,

I will answer your question from the end question. Police have no jurisdiction over cheque bounce offences. I had served as Judge for Cheque Bounce case in Bengaluru itself. I have seen several varities of cases. Your intimations to the bank hold good and whenever he issues a notice we can approach the HC and get the notice itself quashed. If he files one such case then you can get it quashed in HC. If fraudulently FIR is issued for cheating case then also you have defense. Simply issueing cheque does not give cause of action for him to claim. The primary burden is upon him to prove that consideration was passed to you then only presumption would arise. Thus from any angle it will fail Please come to my office in Benaluru.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You need not to worry about 138 as the cheques if presented will bounced due to signature difference and that is not punishable.

However he can go for the 420, 506 of IPC against you.

If there is cash loan and he don't have any agreement you may tell that I gave these cheques to him as loan but stopped due to dispute instead accepting the loan from him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You did a great mistake by first stop paying the cheque and then making the same amount paid through cash without a written notice.

Please note that drawing of cheque itself resumes that you did so to discharge a valid debt. Hence if your friend so wishes he could indeed present cheque in bak and on its dishonour initiate a criminal proceeding under section 138 of NI Act.

If he files such case then onus of proof solely lies on you to prove that you have already repaid the debt which in absence of a documentary proof would be difficult to establish.

Hence resolve the dispute amicably.

If you have indeed made the payment then you can lodge complaint of extortion agaisnt your friend in local police. This complaint or FIR arising out of it will help your defence the NI Act case.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

It can not be withdrawn.

Please rate the answer if you like.

Thanks

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

first inform the police of his unreasonable demand and then put the stop payment notice.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Before him you give complaint police station that after paying and returning loan amount still friend is torturing you on false comments and not returning your cheques.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

Before discussing in person do not take any decision in haste, it may leads to foundation for criminal case against your for having instructed so in the beginning. There are so many issue which cannot be discussed on this public platform. Be assured.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Querist

you are in big trouble due to your own acts, first mistake, online complaint for stopping the cheque, second, you do not have any documentary proof for your payment, hence it will be better to settled the matter with that person, otherwsie it may also be possible that apart from the section 138 of NI Act, he may prosecute to you for the offence of cheating U/s 420 of IPC because mismatch the signature will show your prime facie malfide intention.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

When you repaid the loan in cash did you obtain acknowledgment from your friend

2) you have to prove that loan has been repaid

3) once blank cheque is issued you authorise draws to fill in details

Ajay Sethi
Advocate, Mumbai
87916 Answers
6207 Consultations

5.0 on 5.0

In case of dishonour of cheque your friend would issue you legal notice

2) in reply to legal notice deny your liability to make payment

3) take defence that loan has been repaid

4) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
87916 Answers
6207 Consultations

5.0 on 5.0

You are liable in case cheques are dishonoured on presentation

Complaint would be maintainable against you under section 138 of NI

Ajay Sethi
Advocate, Mumbai
87916 Answers
6207 Consultations

5.0 on 5.0

If there's no outstanding liability which you owe him, a case under section 138 Negotiable Instruments Act is not maintainable against you.

But, you'll need to some proof to demonstrate that you've discharged your liability towards him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

The other option is that you can feign ignorance to have borrowed any loan from him.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

there is a liability on you as soon as you issue a cheque to some one.

You go ahead and lodge a complaint in the police station that you have lost your cheque book a few days back and as such complaint for the same may be registered.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may record such threats being passed by him and report to the police

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

even if you take back the stop cheque instruction then also the cheque will get bounced since there happens to be a mismatch signature.

You mentioned some date on the cheque?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Your first step of wrongly signing the cheque and then issuing stop payment notice on the ground of signature mismatch when both the signatures were appended by you . By forensic verification, it can be detected that you yourself had issued the cheques by putting incorrect signature and thereafter issued stop payment instruction to the bank.

2. However, you shall be able to prove that you had issued those cheques as security cheques on which section 138 of N.I. Act is not applicable.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If you have evidence to prove that repaid the said loan in cash ( say by withdrawing the said amount from the bank which will be shown in the bank records) then lodge a police complaint in advance alleging that he has not returned the said security cheques after receiving the payment in cash.

2. If you have really paid him back the loan amount then withdraw the stop payment instruction issued on the ground signature mismatch and issue fresh stop payment instruction on the ground that you have already paid back the loan for which the security cheques issued stands cancelled and should not be honoured.

3. If the cheques are dishonoured, it will be difficult for him to prosecute you u/s138 of n.I. act since those are security cheques and since he can not prove any dischargeable liability against you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You should issue a fresh stop payment instruction on the ground that you have already repaid the loan to the drawee of the cheque and those were the security cheques issued to him.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

if the cheque given to him has been dated or not, even otherwise you have proof for having given instructions fort stop payment for the reasons cited therein.

This act may come to your rescue if he is approaching the court within the time limit

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Continuously he is calling and giving torture I'll give police complaint with cheques you cannot escape now like that..pls help me in this regard

Then you issue a legal notice to him demanding the return of cheque since you have already paid him the amount he is due to get from you.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Sir, shall I withdraw the stop payment instructions in bank..kindly help me..how to solve this issues

You do not have to withdraw the instructions because he may deposit the cheque and you will be in more trouble.

Let him take legal action, you can defend yourself on merits

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hi,

You are suggested to inform the police regarding missing of the cheques as NCR.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

File a police Complaint for the same. If he files 138 then you can counter him with the Complaint and other evidences you have.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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