Check stolen and given to others for borrowing money.
i had kept the check leaf with sign and it went missing from my home and after few days i noticed and i got it blocked through the bank. after few days one guy showed up to my house and told that my brother had borrowed some money from him by giving my check has security along with his checks.After inquiring the same with my brother he told that he needed money urgently so he used my check, as i am living in joint family with my parents i don't want to bring this to my parents notice, but the when i inquired with the bank they said that the check will not be valid even if i produce the same to bank. so i want to know what legal action ca he take on me and what should i do so that i would be safe . please help me in this regard.
thanks & regards
Asked 3 years ago in Civil Law from Bangalore, Karnataka
if your cheque leaf has been stolen you have to file police complaint
. you should immediately write to guy to return stolen cheque given as security by your brother . .
please note that if cheque is presented and dishonoured cheque bouncing case will be filed against you
but the problem is if i give police complaint then i have to give complaint against my brother, which will create problem in house if this issue is bought before my parents.
Asked 3 years ago
you must bring issue before your parents at least . today he stole your cheque book . tomorrow if you keep quiet he will steal your mother jewelry . he must be reprimanded by your father
kindly keep in mind to get the benefit of cheque bounce ,there must be a legal liability on your behalf towards the person who has file cheque bounce case in case no liability he will not get the benefit of cheque bounce
Advocate, New Delhi
Did you signed on that check?
File a missing complaint (with check No. ) in the local police station. Also write that you have got to know that the check is in the procession of the particular person and he has not returned it to you.
Write to the holder of the check that the check is not issued with your consent and signature is not yours and share the copy of the complaint.
If the check is singed by you, even if you have stopped the payment, case can can be filed against you.
File a police complaint against your brother without any delay. Due to the limitations of living in a joint family you may have valid reasons for not proceeding legally against your brother, but we can advice you only within the periphery of law. As per the law, if you do not file a police complaint then you will be on a sticky wicket in the court if the creditor initiates your prosecution for cheque bounce which carries an imprisonment of up to 2 years.
since you do not owe any amount due to the person who used your stolen cheque, your burden is little less. however, you ought to have lodged a police complaint once you noticed that your cheque leaves have been stolen by specifying the numbers, time and place of stolen. if you have not lodged any complaint till now rush in to do the same, each day's delay may affect seriously to your merits.