Consultation required under 138 ni act
Abhijit Chakraborty
(Querist) 24 April 2013
This query is : Resolved
My self Abhijit Chakraborty from Jamshedpur.
I took a sum of Rs. 25200/- on 12.11.2009 from a local money lender of Raipur, Chattisgarh( Name : Monesh Sahoo ). At that time I was Posted at Raipur in HDFC Bank Ltd. Under pressure I signed two blank cheques and also put signature on a blank non judicial stamp paper.
I returned back Rs. 32300/- on 10.12.2009 (Princeple amount + interest).
I left Raipur on 13.04.2011 and shifted to Jamshedpur. I made a mistake that I forgot to took my signed blank cheques and the blank stamp paper from him. Whem I asked about my documents and chequess he demanded additional money from me and threaten over phone. I deposited additional Rs. 23000/- to his account.
After depositing the amount easyly he started asking for more amount from me. When I disagree to pay the the amount...he presented one cheque to my bank and the same got dishonoured.
Now he filed a case against me u/s 138 NI act in Raipur lower court.
Sir, I have got all the evidence of all the transactions. He is a very famous money lender(without Licence) in Raipur.
Some one please help me on this.
M.Sheik Mohammed Ali
(Expert) 24 April 2013
dont worry, you send legal notice first, if you have proof than you make police complaint.
Abhijit Chakraborty
(Querist) 24 April 2013
he has already logged a case against me in Raipur.I am based at Jamshedpur. I need a legal advise on my case. Please help me.
ajay sethi
(Expert) 24 April 2013
you are bank officer and have signed blank documents . before filing case he must have issued legal notice . did you reply to notice . did you take the plea that payment has already been made with interest . now that complaint is filed fight case on merits
Raj Kumar Makkad
(Expert) 24 April 2013
What was your plea against the notice sent by that money lender?
It is also surprising that a bank official gets loan from a cunning money lender despite of having knowledge about him and then signs blank cheques with blank signed stamp paper and then forgets to get those back when he repays the outstanding amoun and even further makes payment without obtaining those papers.
Such person either is not fir for the service of a bank or he suppressing the true facts....
V R SHROFF
(Expert) 24 April 2013
YOUR QUERY BEFORE 7 MONTHS ::
Dear Sir's
I seek your help on the bellow matter.
I had taken an unsecured loan of Rs. 25K from a private money lender in the month of November 2009 and in security I had given him one signed blank cheque and also signed on a blank Rs. 100/- non juditial stamp paper.
The money lender issued me the loan cheque of Rs. 25200/- which I had deposited in my bank account. I repaid that loan along with the interest on dec 2009. a cheque amounting Rs. 32000/- deposited in his account.
Now, He misused my cheque which I had given him for security. he filled 75000/- on that cheque and presented in my bank account. the cheque got bounced and he send a legal notice to me. I had also replied to that notice. mentioing all facts.
My question is can I file a case against him for misusing my cheque. ad also , my concern is that blank non juditial stamp paer is still with him...he can also misuse that..what should I do?
Please help.
Regards
Abhijit Chakraborty
SO THIS IS A REPEAT:
DID YOU ACTED UPON THE ADVISE; AS I FOUND, IT WAS WORTH, AND YOU WERE NICELY ADVISED AT THAT TIME TOO.
prabhakar singh
(Expert) 24 April 2013
Be fair at least now with yourself .
prabhakar singh
(Expert) 24 April 2013
Be fair at least now with yourself .
Abhijit Chakraborty
(Querist) 24 April 2013
my reply@rajesh kumar makkad sir - Sir, I agree with your comments...but you need to also understand under which circumstances IO had taken the loan fr om that money lender.. It was at the timer of my marriare and since my loan was not sanctioned at that time so I had to take loan from my friends as well as that money lender....but its also ture that the moment my loan got disbursed I refunded back him the money...and I thank GOD that every details are here with me since all the transactions were took place through bank account. I have every records.
And also sir..I admit that it was a mistake from my side....and I have learned from my mistake.
Raj Kumar Makkad
(Expert) 24 April 2013
What was need to repeat the same query which you had raised about 7 months ago?
Has no progress taken place during this long period of 7 months?
Abhijit Chakraborty
(Querist) 24 April 2013
My reply to Rajesh kumar makkad sir@ Sir before 7 months he has sent me the legal notice...which I had replied. Now I recieved a summon from the lower court of Raipur against the same case. and the main problem is all my family members are tenses bcoz of the same...
Raj Kumar Makkad
(Expert) 24 April 2013
There is no requirement of being tensed as no solution is going to come out of that situation.
You should contest the complaint vigorously and effectively through your lawyer.
Correct my name from Rajesh Kumar to Raj Kumar Makkad.
