Cheque Issues
30 Apr 2012, 11:14
Hi All, My husband took money from my father for business purpose and gave a post dated cheque to my father, while writing on cheque my husband told me to write on the cheque and my husband signed on it, now due to some issues im not staying with him and planning for divorce in this situation he sent me a lawyer notice as I stolen that cheque which was signed on blank cheque and kept with him. The pen used for writing and signed are same, Please help me in this situation.
12 Replies
He had no business to sign a blank cheque.
A person writes an instrument from top to bottom.
Inasmuch as he had accepted that the cheque had, indeed, been signed by him, he is bound to honour it.
There is no question of Sec. 420 here.
Take heart!
if the cheque was filed and signed simultaneously, writing experts can verify the same. No need to worry…
The date of signing the chaeque and the date on which he felt aggrieved and filed the complaint are also refevant.
However, all these things are of peripheral value only.
The main issue is that he had signed the cheque and is attempting to disown.
That is a clear crime.
The answers given are above vague and can easily be misunderstood. Some answers are outright wrong. Please take proper legal advice. These advices will lead you to problematic situations. You have a good case. anyone can fill in the details in the cheque. there is nothing wrong if you have filled them if you or your father can prove in court that your husband has indeed taken loan from your father.
Dear Mr. Anonymous,
Your statement that the “answers given above are vague” alone is vague.
Can you clarify which aspect is vague, because you have come to a public forum?
Your statement that “some answers are outright wrong” is also vague.
Please do not use the word ‘some’ which is used only by the people who want to evade the issues.
Your reply will help us enlighten ourselves better.
Thanks for your valuable reply.
Hi All, I kept 498-A case on my husband and his family, to come out of this case my husband misused my personal photos when I was with him at matrimony home and kept those in prone sites with my name, he took printouts of those and kept case on me as I myself kept my photos in net. Even police were not listening my words as they took much money from them. Without proper investigating police had remanded me for one day, My husband kept condition, if I withdraw my case 498-A then only he will withdraw his case, As we are from traditional family we thought not to make issues as they have my personal photos. We accepted for withdrawing the case, court gave 90 days observation period for 498-A case. Actually my husband kept adds in net as “WANTED FEMALE GIRLS FOR EROTIC SERVICES”. As I have proofs of those adds he tried to blame me in this way. I dont want to leave him in this way Can any one help me in this situation.
Madam,
Satya meva jayate is not true for the current material world.
It is evidence meva jayate.
If you have proper evidence for whatever you say, you can definitely win.
Please recheck the evidences.
Yes you are right sir, now a days no one is believing the truth, only false paper material is considered that is killing the truth, I have proofs as Ill use a single mail id for all my official sites or social sites like linkedin, FB, Orkut, HRlink. He created a new mail id with my name and using that for chatting with male persons and those chats were taken printout and showed in police station as I have chatted with male persons, even SI of Police station know as Im genuine person but not investigating properly, inspite of that SI is using bad words on me. I have proofs of my husband posted adds in online as “WANTED FEMALE GIRLS FOR EROTIC PURPOSE” & “WANTED MEN TO MEN” which were posted from his mail id.
In these cases evidence can be collected not just by the Police but by you too.
Please collect the information regarding the computer from which the controversial data was uploaded. You can get this information from the webmaster who can certify that it was not you who had done that. This he will do with reference to the profile and other details. He will not give information to you regarding any other person who had done that which he would give only to the police authorities. Still, the information that you have collected will establish prima facie case in your favour and against the opponent.
Please do try.
Ok sir ill do that.
Do ensure that your father recovers the money.
The cheque is a valid one.
Do not compromise on these issues unless your husband sincerely regrets his mistakes and makes amends by paying the dues to your father.
Do not believe any pretences.
Always ensure that your side is strong with proper evidence.
You can win!