One of the main requirements for a cheque bounce case under Section 138 of the Negotiable Instruments Act is that the cheque should have been issued for the discharge, in whole or in part, of any debt or other liability. In your case, if the cheque has been presented to the bank by a complete stranger, as you have mentioned, then there would be no financial transaction between the two of you, and there would be no debt or other liability. So, you can take this defence and it would not be possible to prove the case of cheque dishonour against you.
Secondly, while you have mentioned that you lost your cheque book or that it became missing, you have not clarified as to whether you had put your signatures on those blank cheques. If you had not signed those blank cheques, then the signatures (and, may be even handwriting) on the cheque which is presented to the bank, would be forged signatures. So, you can get such cheque examined by scientific expert and file a complaint of forgery and cheating if the facts support such contention.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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