Signature and delivery
Determine whether the signature is admitted or proved, how the cheque was delivered and what authority or purpose accompanied delivery.
Statutory presumption
Sections 118 and 139 may apply. The accused may rebut the presumption through a probable defence based on evidence and circumstances.
Bir Singh v. Mukesh Kumar
The Supreme Court decision is relevant to the effect of a voluntarily signed blank cheque and the statutory presumptions. Read the judgment in full and apply it to the facts.
Read full judgment on Indian Kanoon: Bir Singh v. Mukesh Kumar ↗
Useful evidence
Messages, agreements, receipts, bank records, contemporaneous complaints and witnesses may be relevant, depending on the defence.
Do not rely on a slogan
“It was a blank cheque” alone does not determine the outcome. The transaction, authority, liability and surrounding facts must be analysed.
Avoid making unsupported allegations of misuse or forgery. Build the defence around reliable facts and documents.
PROFESSIONAL INFORMATION
Need guidance on your matter?
Explore the profile of Advocate Javed Ahmad or use the contact options if you need to discuss a specific cheque bounce issue.
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