Sec. 138 n.i. act
Adv.Vishal Anil Vyavahare
(Querist) 21 May 2013
This query is : Resolved
Hello Sir,
My client obtained loan from a co-OPERATIVE Bank in 2004 after one year he died. After lapse of some period in 2005 bank obtained signatures of widow of my client on some documents by misguiding her. And now bank send notice u/s. 138 of NI Act to demand the amount in 2013. by showing that Widow of my client had applied for Mortgage Loan and for satisfaction that amount she had handover Cheque to Bank and aftet Dishonour Bakk send the notice.
I just want to know that Whether my client is liable ?
Debt shown by the Bank has Time barred or not?
plz tell me the remedy...
Thanks,
Vishal A. Vyavahare
Advocate
ajay sethi
(Expert) 21 May 2013
did your client handover blank cheque? the bank must have filled in date and amount .
it is necessary to go through the case papers to advise . unless we know what documents have been signed by your client it would be difficult to advise
Raj Kumar Makkad
(Expert) 21 May 2013
It shall be better for you to first obtain the entire papers from the banker like account statement, re-validation/reconfirmation note containing signature of your client and the alleged mortgage deed prior to finally reaching to any conclusion. Your case is based upon documents and oral opinion on our part shall only divert your mind.
