Dishonour of cheque
Mahesh Chand Gupta
(Querist) 08 December 2012
This query is : Resolved
Neelam lent a sum of Rs. 2 Lacs by issuing an account payee cheque dated 30.03.2000 to Mr. Gopi. Mr. Gopi issued an account payee cheque dated 24.01.2005 in favour of Neelam for repayment of loan. On this cheque, Mr. Gopi wrote amount in words and figures in his own handwriting and signed the cheque. Name of Neelam and date of cheque i.e. 24.01.2005 was written in the handwriting of another unknown person. Later on, Neelam gives Rs. 2 Lacs in cash to Mr. Gopi in October 2004 which was repaid by issuing bearer cheque of Rs. 2 Lac dated 20.11.2004 by Mr. Gopi. This was written on the back of the cheque that this cheque is issued for repayment of loan taken in cash. Now the cheque dated 24.01.2005 dishonoured on presentation and a suit u/s 138 of N. I. Act was filed. Now Mr. Gopi praying for verification of cheque stating that he had given the cheque to Ms. Neelam for handing over the cheque to some of his clients and he himself wrote amount in words and figures and signed the cheque and Neelam has drawn the cheque in her own name. About repayment of amount given by Neelam on 30.03.2000, he said that he had made the repayment on 20.11.2004 by issuing a bearer cheque. Law of limitation did not attract as periodically small payments were made by Mr. Gopi and regot it from Neelam later on stating his financial crisis. What is the remedy available to Neelam.
Raj Kumar Makkad
(Expert) 08 December 2012
The overleaf writing over the cheque dated 20.11.2004 falsify the claim of Gopi which says that the amount of this bearer cheque is against the loan taken in cash whereas the loan of 30.03.2000 was given through cheqqe.
Apart from this controversy, I think Neelam has lost her right to recovery of her loan dated 30.03.2003 as time barred. The accused can also get benefit of this legal requirement.
H.M.Patnaik
(Expert) 08 December 2012
Respected Mr. Makkad having said that , there lies no remedy for recovery of the first loan upon expiry of 3 yrs. time , you have probably clarified the possibility of legal action against the defaulting party under the N.I.Act. Is it the end of the road for the aggrieved party? Pl. suggest .
Raj Kumar Makkad
(Expert) 08 December 2012
No. There is no full stop in life or legal course of action but you know, we experts online have very limitations. Either you contact someone personally or obtain the advice of any local lawyer in this matter.
