Legal Doubt
RAVIBABU C R
(Querist) 15 March 2009
This query is : Resolved
A owes me 2.5 Lakhs. I take his signature on a blank pronote, 2 green sheets & a Re.20 NJ Stamp Paper.
He sends me a lawyer notice hat the Blank Security invokes IPC u/s 467,468 (forgery) Copies to Police is marked.
How shoul I defend this & recover my money?
anantha krishna n.v. Advocate
(Expert) 15 March 2009
what is the gap between the taking of notes and issuance of legal notice?
how did you pay him Rs.2.5 lakhs.... is it by bank cheque etc., or cash? what evidence you have on this.
As regards pronote, there is no problem. Pronote may be written by any one and as long as the borrower does not dispute his signature thereon, it is valid and binding. If he disputes your lending capacity, you may have to prove it. Pronote as such is valid.
unless other finer details are furnished, we cannot comment on the legal notice right away.
anantha krishna n.v. (Advocate AP High Court, Hyderabad, ananthcourt@rediffmail.com, 9246531895)
RAVIBABU C R
(Querist) 15 March 2009
Legal Notice dt.09.03.2009. PNote is blank & alleged to have been taken on 20.02.2009. Money due is over a series of business transactions for four months,the parties both being gold smiths. Signatures not denied
The real query is that the NJS & green sheets are in fact an Agreement with the transaction recitals, IS Notarisation a must?
MANISH
(Expert) 15 March 2009
Dear Mr. Ravbibabu,
Kindly give the details of the transaction. How was the money advanced. Was it by cheque or DD or cash or through any other way.
as far as Pronote is concerned, you may fill the same or may make the other person to fill it up, and may sue the borrower only on the basis of such pronote. As far as green sheets or NJs are concerned, you may return them to the borrower, but never forget to receive the acknowledgement of the borrower, especially in his own handwriting in presence of at least 2 witnesses. Further you may get the pronote filled by him in his own handwriting, it may be more beneficial if he dispute his signature in future on such pronote.
Kamlesh soni
(Expert) 15 March 2009
as far as Pronote is concerned, you may fill the same or may make the other person to fill it up, and may sue the borrower only on the basis of such pronote. As far as green sheets or NJs are concerned, you may return them to the borrower, but never forget to receive the acknowledgement of the borrower, especially in his own handwriting in presence of at least 2 witnesses. Further you may get the pronote filled by him in his own handwriting, it may be more beneficial if he dispute his signature in future on such pronote
Guest
(Expert) 15 March 2009
You may fill the blank pronote or may make the other person to fill it up, and file the Summary suit under order-37 of CPC and recover the money soon.You can reply to the notice by denying the contents of IPC u/s 467,468.And you can also filed cross complaint/Application in the police station of cheating against borrower.
Uma parameswaran
(Expert) 15 March 2009
I am supporting Shaileshji's comment. You can move for recovery of money by civil suit and criminal procedings for the offence simultaneously.
PALNITKAR V.V.
(Expert) 15 March 2009
From the facts narrated by Mr. Ravibabu, it seems prima facie that no offence is made out. Just deny all the allegations in reply to the notice.
K.C.Suresh
(Expert) 16 March 2009
A owes me 2.5 Lakhs. I take his signature on a blank pronote, 2 green sheets & a Re.20 NJ Stamp Paper.
He sends me a lawyer notice hat the Blank Security invokes IPC u/s 467,468 (forgery) Copies to Police is marked.
How shoul I defend this & recover my money?
Legal Notice dt.09.03.2009. PNote is blank & alleged to have been taken on 20.02.2009. Money due is over a series of business transactions for four months,the parties both being gold smiths. Signatures not denied
The real query is that the NJS & green sheets are in fact an Agreement with the transaction recitals, IS Notarisation a must?
DO you think the abpove details for you to give a point to point legal opinion on this issue. i think not. Give specific details.
A. A. JOSE
(Expert) 16 March 2009
I am also of the opinion that no offence has been committed. However, complete details and clarifications sought hereinabove would be useful please.
