Chequ of 2005

pushpakrishna (Querist) 02 November 2014 This query is : Resolved
Dear experts,
i have taken a loan of Rs.1,00,000/-from a person in the year 2005 and given a blank cheque with out mentioning the date and amount. later i paid the amount with in a year and did not taken back my cheque. now the person filed a case under section 138 of n.i.act.how can i defend whether the cheque is valid and it is learn t that as old cheques are not valid from April,2012.kindly advice on this matter.thanq.

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Kiran Kumar (Expert) 02 November 2014
You have a good point to defend that the old cheques were discontinued by the RBI

But the question is What are the precise allegations in the 138 Complaint and prior to that What were the contents of Legal Notice sent to you. Technically the contents of the LN shall form part of the Complaint. But sometimes contradictions do win cases.

Pls state the entire set of facts mentioned in the complaint.

Sailesh Kumar Shah (Expert) 02 November 2014
please answer the following:-

1. is loan return by you through cheque ?
2. is cheque presented before the bank ?
3. there is any other document/deed executed ?

V R SHROFF (Expert) 02 November 2014
U HV GOOD DEFENSE
WORDING OF LEGAL NOTICE IS VITAL
ANY REPLY FROM UR SIDE??.

ajay sethi (Expert) 02 November 2014
did you reply to legal notice issued ? what was the defence raised in legal notice

Rajendra K Goyal (Expert) 02 November 2014
In the notice the loan must have been shown within last 3 years, The cheqe is issued by you, signed by you, you can not escape fully from the liability. Defend yourself on merits.

pushpakrishna (Querist) 03 November 2014
dear experts,
he filed a copy of the notice but not served on me and stated as refused with help of the postal department.but he did not filed any thing regarding his account statements as he is an income tax payer.kindly advice.thanq.

Sailesh Kumar Shah (Expert) 03 November 2014
Dear Mr. Pushpakrishna

I have raised 3 questions, which are still pending from your end.

pushpakrishna (Querist) 05 November 2014
Dear Expert Mr.Shailesh Kr.Shah,

Question No:1 Ans.Loan paid by cash
' No:2 Ans.yes they presented the cheque in the bank and returned the same as funds insufficient as per the case file.But since 6 years the account is not operating me.

Question No:3 Ans.at the time of loan in 2005 executed a document.

Thank you sir hoping for a reply.

Sailesh Kumar Shah (Expert) 05 November 2014
executed document would help you in the case.

make defense on the base of document.

T. Kalaiselvan, Advocate (Expert) 06 November 2014
The document executed in the year 2005 for the purpose of loan will speak volumes, you have a strong case to defend, be in touch with your lawyer.