Cheque bounce
Prodduturi Reddy
(Querist) 29 November 2011
This query is : Resolved
Hello
We took bank loan for tractor, when we took the loan one of our relative helped getting the loan processed from icici bank
He took some blank cheques to submit the bank.
After 4 yrs now, one the cheque he bounced and filed case against my father.
How can I prove that i gave that cheque for the bank loan ? Since he is not employee of the bank.
Thank You
Laxmi Raj
Amit Minocha
(Expert) 29 November 2011
you need to engage a laywer and then cotest the case. There is presumption flowing against you u/s 139 of NIA and you would also need to furnish the bail bond
Prodduturi Reddy
(Querist) 29 November 2011
Can i file cheating case against that person, since i gave cheques for bank loan. We did not have any other financial transaction with him.
He is saying that he gave hand loan of 3 lacs . what is mean by hand loan ?
The cheques we gave to bank possession and the cheque he bounced are in same sequence.
Prodduturi Reddy
(Querist) 29 November 2011
Sorry I forgot to say thank you Amit. Lot of thanks for quick reply.
Prodduturi Reddy
(Querist) 29 November 2011
Can i file cheating case against that person, since i gave cheques for bank loan. We did not have any other financial transaction with him.
He is saying that he gave hand loan of 3 lacs . what is mean by hand loan ?
The cheques we gave to bank possession and the cheque he bounced are in same sequence.
Prodduturi Reddy
(Querist) 29 November 2011
Thank You Amit,Is there a way to talk to you on phone how can i approach further.
Advocate M.Bhadra
(Expert) 29 November 2011
Once the blank cheque issued by the drawer and subsequently it was bounced this is a criminal offense under sec.138 N.I.Act,it is not a matter of plea that it was deposited in favour of Bank.Defend the case properly and others factors would come at the time of evidence,counter case in this respect would not have merit.
Shonee Kapoor
(Expert) 29 November 2011
Well I differ, unless the cheque is issued for some liability, then no offence u/s 138.
First contest this case, no point in increasing litigation. for cheating you would require strict proof.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Prodduturi Reddy
(Querist) 29 November 2011
I agree with Shonee Kapoor that I dont want increase the litigation. but that guy is saying that he gave handloan of 3 lacs.
Without any evidence, he saying he gave handloan, local advocates are saying handloans are valid in court. What is mean by handloan.
Thanks lot advance.
Arvind Sehdev
(Expert) 29 November 2011
Plus cheques kept for surety/security donot come under the purview of 138 NIA..
Prodduturi Reddy
(Querist) 29 November 2011
thank you for reply Minansu Bhadra. He took the cheques for the bank loan and we did not give him for any other purpose. Is it not the cheating the people and keeping the cheques and bounced. How to punish these kind of people.
In fact, he only opened the account, he only arranged the loan, he was working with tractor showroom but he is not the official person in any of these places.
Thank you
Laxmi Raj
M/s. Y-not legal services
(Expert) 01 December 2011
you can argue the all facts before court of law only., so better appoint an advocate to proceed your case properly.,
V R SHROFF
(Expert) 01 December 2011
Laxmi raj,
U must have preserved Counter or Record Slip and your bank A/c Pass book to prove that those cheques were issued by you before 4 years, and the cheques, before that particular cheque and after that were issued and realized from your Bank a/c before 4 years.
Now that it proves all that series of cheques were issued befor 4 years and not in last Six months of presenting it in bank for realisation.
Under the circumstances, it is time barred, out of the limitation period.
Over and above, you had no liability to pay to the sad relative.
You have ample proof that same series chequed were issued and paid to bank for Tractor Loan. Your Cheque Book Record Slip, Your Bank Pass Book, Your Tractor Loan repayment, and who stops you getting a certificate from bank that Cheque Nos, relevant to that period were used for repayment of tractor Loan, and this cheque book was issued before 4 years, and thereafter many chq book were issued and used by you. It proves, cheque was issued to pay tractor loan, and being misused, in breach of trust.
in Reply to his 138 notice, you mention this fact.
is this hand loan of 3 lakh shown in his Income Tax Return?
Any Hand loan above 20,000/- must be by A/c Payee Cheque as per I Tax Laws, otherwise the Money lender will be jailed !.
Any Promissory Note? Any Doc to Prove? Did he have 3L to pay you? if so , before 4 yrs is time barred debt. There are n no of defense. Let Truth Win .
Ad Shroff
Prodduturi Reddy
(Querist) 02 December 2011
Thank you V R SHROFF and tom.advocate
We did not use that account for any other purpose in last 4 yrs and that account is in non operative mode after we completed the tractor loan payment.
He doesnt have any other documents except cheque.
Local advocates are saying handloans will be considered by judge. what does it mean. above 20000rs should be in A/c pay right ?
Thank You once again
Laxmi raj
prabhakar singh
(Expert) 02 December 2011
I am wandering were the cheque given by you for payment of bank loan to your relative were blank cheques???
Prodduturi Reddy
(Querist) 02 December 2011
yes prabhakar singh sir, My relative only introduced bank people and he was working in showroom and he took cheques and got the loan processed.
But later we got to know that he did not submit all cheques to bank and he acted as middle man and was not records in either showroom or in bank. and it was 4 yrs back processed, so bank people have changed and show room people changed.
We are in completely blind stage.
Sunlawseeker
(Expert) 03 December 2011
As per Section 40A(3)"It provides that any expenditure incurred as a payment in sum of exceeding Rs.20000/- otherwise of paying with payee account cheque, demand draft or any transaction made by banks like RTGS, shall not be allowed as a deduction. However if payment is being made for hiring or leasing, the limit is 35000."
You can tell him stating that
"I will complaint in Income tax department against you"
"How did you get this 3 lakh to give hand loan"
"Whether you filed income tax return?"
If you ask these questions he will be in trouble.
or
You can challenge that you have no business transaction with that person. Because, Section 138 of the Negotiable Instrument Act states that there should be a .... part of any legal debt or liability.
in your case there is no proof to the holder of the cheque to prove legal debt or liability. Burden of proof is in his side. You can simply deny that there was no business transactions with him in past.
Prodduturi Reddy
(Querist) 03 December 2011
Thank you all, this site and you all are so helpful to guide the new innocent people who are being trapped by this kind of cunning relatives/people in the society.
I am hoping for positive result.
Laxmi Raj
prabhakar singh
(Expert) 03 December 2011
I am sorry i could not attend you earlier but I assent to advises advanced by .Expert V.SUNDARESAN as I might have not said more better than him.
It is relay our pleasure to give this servise
to those who deserve it.
Thank you from all of us for acknowledging our utility.
Wish you all the best.
Prodduturi Reddy
(Querist) 20 February 2012
Is there a way to impede my mother to check bounce case of my father to explain the history of the case ?
my advocate is saying what is the proof of giving the cheque to the bank, that guy has the cheque and he is saying he has given cash.
We had family dispute with that guy and settled and wrote some agreements in between some relatives. this guy is not honoring any of these and my father has to attend the court every 15 days.
So is there a way to introduce my mother n show all the documents which we wrote and signed in front of relatives ?
I wanted to close the case asap but these guy is dragging for 6 months now, my father is at 70 n has to travel 60 kms every 15 days.
If some one is from karimnager I would like to take some paid help if needed n close the case asap.
Thank You all for your support.
