Cash loan
mukesh jain
(Querist) 27 July 2012
This query is : Resolved
In 2004 my friend gave cheque of Rs.1 lakh to my uncle for some property and i was surity. He took a cheque from me,amount and signed by me.
Due to some legal problem in the property he took his amount back through draft and the full and final receipt, in january2012.
Now he filled his name and date on my 5 year old cheque and filed sec 138 case stating that i took CASH LOAN of one lakh in april 2012 and promise to pay in may 2012.
I recorded his voice in my phone,he is accepting that cheque is false and he want interest on such long period.
Please help me for other legal help and advice.
thanks
Sudhir Kumar, Advocate
(Expert) 28 July 2012
This appears to be a false story as you were only surelty whereas you appear to be charged being a borrower yourself.
You can still do more recording to prove that he has already received the debt for which you were surety. Thereby you can prove that you owe nothng to him and 138 may not sustain.
ashutosh mishra
(Expert) 28 July 2012
The BIG Q is that why did not you ask your blank cheque given as surety back when he was paid back his 1 lakh back by draft in Jan.2012?
Anyway the BIG Relief is that he has tempered
the cheque by filing date which he can not legally do.Since the cheque was for surety and not for any loan advanced to you,on proof ,no proceeding under section 138 N.I.Act can successfully go.
Surprising fact is that while you say he has lodged s.138 complaint,but you have not
mouthed about his pre demand notice and reply you gave or not.
Any way you have evidence to defend your self.
