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cheque bounce

(Querist) 11 July 2015 This query is : Resolved 
My friend has taken money on credit
on intrest he paid all money and interst but that that person did not return his cheque and asking for more interst he has to paid
now he cheque deposited and ginving him notice and told putting case of 138. althogh he had no licence of shroff or any to giving money on intrest.
SAINATH DEVALLA (Expert) 12 July 2015
Once a blank signed cheque is given to a third party,that the spells massive trouble for the accused.Whether U have repaid in full or in part is immaterial for court,unless UR transaction has reliable evidences on UR part.90% of NI ACT cases are pro-complainant.Hence better engage a good competent advocate well versed in NI Act and proceed further.
Rajendra K Goyal (Expert) 12 July 2015
Your friend has given blank cheque and hence is liable if the cheque is dishonored. He should consult some senior lawyer and defend the case on merit, if case filed.
Dr J C Vashista (Expert) 13 July 2015
Was it an oral agreement to advance the loan or a written/registered document?
Do you have proper receipt/acknowledgment for repayment of loan + interest?
Did you issue notice to return the cheque on repayment of loan?
Did you file a police complaint for black mailing and extortion?
Did you reply demand notice issued by the lender?
Consult and engage a local prudent lawyer for further questions and proceedings in a professional manner.
T. Kalaiselvan, Advocate (Expert) 16 July 2015
You have to fight the case on merits from your side, engage a prudent lawyer who will be able to draw the grounds to defend you and bring you out of the troubles.


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