CHEQUE DISHOUNOR

Querist : Anonymous (Querist) 28 November 2009 This query is : Resolved
WE ARE A LOWER MIDDLE CLASS FAMILY. MY FATHER (RETIRED-61 AGE) BORROWED 40000/- FROM A PERSON AND GAVE HIM TWO BLANK CHEQUES & SIGNED A BLANK STAMP PAPER ONE YEAR AGO. I HAD NO IDIA ABOUT THIS ALL AT THAT TIME. NOW THE PERSON IS DEMANDING RS.2 LACS WHICH WE CAN NOT PAY IN OUR PRESENT FINANCIAL SITUATION. WE AGREE HIM TO REPAY THE AMOUNT OF RS.40000/- WITH INTEREST AS PER BANK NORMS. BUT THE PERSON DENIED THE OFFER AND PRESENTED THE TWO CHEQUES IN MY FATHERS ACCOUNT AMOUNTING RS. 1 LAC EACH. NOW HE HAS FILED 138 AGAINST MY FATHER. NOW IS THERE ANY WAY TO SAVE MY FATHER.

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prakash vathore (Expert) 28 November 2009
hi, friend
before filing 138 case that must have sent to the notice whether u had reply that notice? if yes then u must have to mention in ur reply that the said cheques were given as security.
if u had mention this in ur reply then u can save ur father. coz there is provision in law that if the cheque is deposited as a security then 138 is not attracted.

Raj Kumar Makkad (Expert) 28 November 2009
Even if the cheques have fradulantly presented before the bank and have been got bounced even then the complainant has to prove the legally enforceable debt towards the accused and if he fails in this process then your father is safe and the complaint is liable to be dismissed in that case.

Arvind Singh Chauhan (Expert) 28 November 2009
Raj Sir has explained the legal situation as " legally enforceable debt" only can raise 138.

Querist : Anonymous (Querist) 30 November 2009
Sir , Would you kindly explain the term "legally enforceable debt " ?

joyce (Expert) 04 December 2009
Legally enforceable debt means " the debt which ur father has to give to the complainant/opposite party, opposite party can claim the debt under legal process where it is legally emforceble i.e under NI Act under 138 section. Well! Did ur father received the legal notice if any? Prakash asked good querry to u to answer ur querry very clearly.Cheque and stamp papper kept as security is a good defence in ur case. meet local advocate and discuss.

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