Signed cheque lost Past 1.5 years back and contact the bank as per instructions On that time I stop the payment in bank through net banking and mentioned reason as lost. But now some person placed cheque for collection and cheque bounced as stop payment. He send notice to me I ll try to contact but no response. Now he filled cheque bounce case in fast track court. What the procedure to face this problem...... I am totally upset please guide me.......
Well, it is not clear whether you have informed the Police about the loss of cheque or not.
Now if the person who has placed the cheque for encashment is unknown to you and naturally you did not make any transaction with him then there is nothing to worry as during trial you can easily prove that you never owe any debt to this person and hence there is no question of signing the cheque for him.
1. Did you file a police complaint for the loss of cheque? When a cheque, signed or unsigned, is lost it is imperative that the account holder should immediately file a police complaint for the loss of cheque. Mere stop payment instructions do no absolve the drawer of cheque. A cheque dishonhoured by the bank on presentation for collection due to stop payment instructions issued by the drawer is within the realm of mischief under Section 138 of Negotiable Instruments Act.
2. Since the cheque bounce case is filed and if you have been summoned by the court as an accused then you ought to appear before the court and obtain bail on the first hearing.
3. In a cheque bounce case the dice is loaded heavily against the accused as under Negotiable Instruments Act there is a presumption that cheque in question was issued to discharge a legally enforceable debt, and the onus is then stacked on the accused to rebut this presumption by leading evidence.
1. Cheque bounce case on you is possible ONLY & ONLY, "IF" some liability /debt is payable by you to the opposite person. ELSE the cheque bounce case will fail during trial. You will have to go thru the Court Trial process and prove the above.
2. Your best defence is that you have some documentary proof that cheque was lost and it was reported to bank and bank should have seized the cheque instead of bouncing the cheque, due to your lost cheque complaint.
3. File a Police FIR against the said person, for Theft, Forgery, Intimidation, Breach of Trust, Cheating etc.... and request police for investigation and prosecution.
You have first prove that relationship between you and applicant. And than ask reason how he got cheque and produce lost complaint of cheque etc.
Don't worry you can also threat him a defamation case on you him by sending notice and filing case on him.
See if the cheque was lost and there is strict proof of same you can fe your reply stating firstly that cheque is misused. Secondly there is no legal debt that person owe you.
See since the case is filed now you have to contest same before the court.
You have to face the prosecution and get acquitted.
Regards
G.Rajaganapathy
High Court of Madras
Thanks for guidance sir.... I not file any complaint to police on that lost report time. I only report in bank to stop cheque In the case the petitioner is not well known but known friend friend friend and some one planned to threading me .....
See the initial burden is on complainant to show that there is a legal debt, also since you reported in bank of cheque lost same can be contented before the court.
1. Engage a lawyer and appear in the court on the date fixed for hearing in summons and obtain bail.
2. Thereafter, you have to either compound the matter or contest the matter on merits.
1. File a Police FIR "TODAY" against the said person, for Theft, Forgery, Intimidation, Breach of Trust, Cheating etc.... and request police for investigation and prosecution.
2. Use the Police FIR & Investigation Report as evidence and witnesses, for positive results in your case.
You should have filed police complaint about loss of cheque
you should apply for bail and contest cheque bouncing case
take the plea that there is no debt due and payable
Contest the cheque bouncing case
deny that there is debt due and payable
Here you need to cross questions that how did he got your lost cheque. And according to that case will turn.
File a police complaint and also do shop payment of the cheque stating it as lost in bank
Ans:
If your have lost a check, immediately file an FIR where the cheque was stolen from.
If you have evidence to prove that you have given instructions to bank around one and half years ago to stop payment on being presented since the cheque is lost, then you can defend your interests on this evidence alone.
He should have given you a statutory demand notice, did you receive it?, did you give a reply notice to the demand notice, if received, denying the allegations and and also mentioning the reason thereof.?
If yes, then you can challenge the cheque bounce case properly on the same lines, besides denying the legally liable debt and also about the fraudulent intention of the complaint to extort money from you illegally.
Even though there is no complaint with the police, your instructions to bank about losing the cheque with stop instructions around one year ago is a substantial evidence to defend your interests and to get the case dismissed.
If you have already intimated bank then it should not be a problem for you.Though from your query it is not clear if you had intimated the bank as well about the cheque being lost. Kindly update me on that part.
Please note the court is not aware of the facts of the case. Only trial of the case helps the court to come to some conclusion. Therefore as per Negotiable Instrument Act, it is mandatory to get the bail and contest case .
1. You should collect the evidence that you have stopped the payment of cheque because it was lost.
2. You should appear before court on the date when court summons you for appearance and get bail from court.
3. And then try to prove that you don't have any relationship with that person not even personal or financial.
- As per law, stopping a cheque from encashment without a valid reason in written to the bank , is an offence .
- Since your cheque lost , and without filing an information /compliant with the police , then it will be construed that you have given that cheque to that unknown person for the payment.
- Further, if really the cheque was lost , and that person who present the same for encashment and further filed cases against you , is unknown , then you are not responsible for the payment to him , because that person will have to proof relation with you , and further the liability of payment.
- If,you have already received the summon from the court, then if you will not appear before the court on the fixed date of hearing , then the court will issue Warrant against you.
- Hence, appeared before the court with one surety , and inform the court for the same.
Dear Sir,
The person holding the cheque can fill the gaps like amount and date if already not written and if it bounces on presentation can issue you a notice to pay up the cheque amount, failure to pay can lead to filing case under sec 138 of N I Act. In such a case, overwhelming burden will be on you to prove that the cheque was stolen.
The date on the cheque matters and not the date of signature.
However, there could be a way out if the entire circumstances leading to signing the cheque and its loss is explained in detail to an Advocate.
