Legal Question in Criminal Law in India

to appear before the court without getting any summon to get quashed the complai

if a creditor takes a wholly blank signed cheque from the

guarantor of aborrower and borrower is not paying the amout and if after

filling thename of creditor and amout in the cheque by the creditor for

nowremaing amout due at this time by chance it is honoured by bank ,can

thecreditor be prosecuted for section 420,120b,467 and 468 of Indian

penalcode for getting the amount and payee and date written on the cheque

and getting the amount ?


Asked on 12/26/04, 8:22 am

2 Answers from Attorneys
Rajasekar K.S

Re: to appear before the court without getting any summon to get quashed the com

The creditor cannot be prosecuted for filling the remaining amount and presenting the cheque. He has not done any wrong and what actually is due to him only taken from the guarenter since the borrower failed to pay.

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Answered on 12/27/04, 12:39 am
Vivek Mapara Mapara Law Firm

Re: to appear before the court without getting any summon to get quashed the com

Sir,

The question requires to magnified in the perview of the made transaction which required all detailed information regarding the transaction made.

But in general, if the you have not deposited the cheque, then to avoid all such consequences, give a registered notice demanding the outstanding. This will serve your purpose.

Feel free to contact in adherance.

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Answered on 12/28/04, 2:03 pm


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