• Wrong signed cheques issued

Dear Sir, I gave casto12.5 lacs to a person against a property ,but unfortunately the deal cancelled.He gave me in writting on a stamp paper that he would repay me as his property gets sold (but did not mention time limit).Now after much time he told me to repay before diwali. But he did not do it.So on insisting he gave me 3 bearer cheques of 4,4 & 4.5 lacs. All without date and name.On inquiring in bank got to know that all cheques are signed in different language(means sign miss match).And amount too insufficient. I did not deposit the cheques and asked him,he replied that he did it purposely. One lawyer over here told me that he is going to be in more fault like cheating.
 I am just worried that what would make him so reliable that he is not afraid even after giving me cheques and that also wrong signed.Is it that he may be thinking to give a complain of cheques lost or stolen or somethhing else?
 Please guide me 
Thanks
Asked 1 year ago in Civil Law from Navsari, Gujarat
1) you deposit the cheque and issue legal notice if cheque is dishonoured on presentation . 

2) you can file criminal complaint under section 138 NI on account of dishonour of cheques 

3) you  can also file complaint of cheating against the said person 

4) also file summary suit to recover Rs 12.5 lakhs with interest under Order XXXVII of CPC 
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
1) the person knows that cheque bouncing cases take 5 years to be disposed of 

2) he would obtain bail from court and contest case . 

3) he can use your money during said period 

4) if cheques had been lost  or stolen  he should have filed police complaint of loss of cheques . 

5) issue legal notice to the said person on dishonour of cheques and also file summary suit 

Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Hi, if the cheque is belonging to him and if he signed in different language then it is his fault.

2. So you have to present the cheque to your account  and it will be  dishonoured then issue a legal notice with in 30 days from the date of dishonour and thereafter file a complaint as contemplated under section 138 of the Negotiable instrument Act.

3. Presumption under law is that once cheque is issued then it is for consideration so contact local advocate and you will get your money.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Yes, he is likely to (if not already done) lodge a police complaint about loss of his three cheques,

2. Fill up those cheques by some one else putting dates, then lodge a police complaint stating that you have detected his  sign mismatch for which you have asked for fresh cheques of same amount from him which he is refusing,

3. After that submit the cheques and follow up the procedure for filing cases for bouncing of cheques, in case the cheques are dishonoured,

4. After the cheques are dishonoured, file a cheating case against him. He will be in further trouble for showing street smartness with you by giving cheques with false signatures. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
The  ingredients  of   the   offence   as   contemplated   under Sec.138 of the Act are as under :
1. The cheque must have been drawn for discharge of existing debt or liability. 
2. Cheque must be presented within 6 months or within  validity period whichever is earlier.
3. Cheque must be returned unpaid due to insufficient funds  or it exceeds the amount arranged. 
4. Fact of dishonour be informed to the drawer by notice  within 30 days.
5. Drawer of cheque must fail to make payment within 15  days of receipt of the notice.

A mere presentation of delivery of chqeue by the accused could not amount to acceptance of any debt or 
liability. Complainant has to show that cheque was issued for any existing debt or liability.There is  presumptions  under Section 118 and 139 of the  Negotiable Instruments Act in favour of  holder of  the  cheque.  Until  contrary  is proved,  presumption is  in favour of holder of cheque that it was drawn  for  discharge of debt or liabilities.


So Present the check  to the bank and after getting the dishonour memo from bank , issue the notice to him and after the period of one month file a case before JFCM court  
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
With whatever intention he gave the cheques containing different signatures or misleading information in the cheques, you are required to deposit the cheques in the bank, get the bounced back, issue him a legal notice demanding the money if there is no reply or for his non-compliance, you may lodge a complaint under section 420 of IPC with the police or file a cheque bonce case under section 138 NI Act. 
You can also file a money recovery suit under Order XXXVII of CPC .
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0
Dear Sir I am just worried that what would make him so reliable that he is not afraid even after giving me cheques and that also wrong signed.Is it that he may be thinking to give a complain of cheques lost or stolen or somethhing else?

You have to rush up to get the cheques bounced by the bank for the reasons stated therein and immediately issue a legal notice against him before he lodges a complaint for lost or stolen cheques. 
This will make you safe for initiating further legal actions against him.
T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0
1. It was a blunder in the first place to not to incorporate the date of repayment in the agreement. Be that as it may, if there is no time limit for repayment of money, the same is to be repaid within a reasonable span of time. 

2. You should present the cheques for repayment to bank and then launch his prosecution for cheque bounce as and when the cheques are dishonoured by the bank. This apart, you can also prosecute him for the offence of cheating and breach of trust. 

3. To recover your amount from him you are required to file a lawsuit for recovery of money with interest, but this should be done conjunctively with the criminal proceedings.

4. If he gives a complaint of cheques being stolen he has to prove that you stole the cheques.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13907 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23089 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2706 Answers
41 Consultations
4.9 on 5.0
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0