• 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 1 year ago in Criminal Law from Mohali, Punjab
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?
Nadeem Qureshi
Advocate, New Delhi
3530 Answers
130 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
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.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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