cheque dishonour case
rahul
(Querist) 12 January 2010
This query is : Resolved
one of my client has given 3lacs in cash against a promissory note dated 7th july 2009, and has taken registered document of land in the name of the borrower and executed a memorandum of deposit of title deeds(unstamped). subsequently on asking for repayment the borrower has issued a cheque for part payment dated 25th december 2009 for 3 lacs(excluding interest). And the borrower then issued a legal notice on 7th jan 2010 to my client's son saying that they took blank pronotes and cheques and have borrowed only 50000/- which they want to pay but my client is refusing to return the documents and cheques. subsequently my client got their cheque dishonoured on 11th jan 2010. now what will be the fate of the case of dishonour of cheque. will the legal notice of the borrower stand good or is void as it is false.
please suggest the way forward.
thanks in advance...
Adv Archana Deshmukh
(Expert) 12 January 2010
Give reply to the notice of the borrower denying the false allegations in the notice. Also give the notice u/s.138 NI for the cheque bounce.
rahul
(Querist) 12 January 2010
how to reply to the notice and moreover it was served in the name of my clients son and not the client
rahul
(Querist) 12 January 2010
also the legal notice said that the client's son has mad e messages asking for money repayment and to file false cases against the borrower. will such a legal notice to clent's son would stand good.
Adv Archana Deshmukh
(Expert) 12 January 2010
The legal notice given to your client's son shall have no effect on your client's case. However, if some false allegations are made in the notice against your client's son, then he should give reply to the notice denying the allegations and also that he have no connection with the transaction between his father and the said borrower.
