Missuse of cheques (138 sec) directs me to hang
MANOJ SANKHE
(Querist) 01 March 2012
This query is : Resolved
HALLO I M MANOJ
I HAVE TAKEN A LOAN FROM A URBAN CO OP BANK.
THE BANK SANCTIONED 2 LAKH RS FOR VEHICLE LOAN AGAINST IT VALUATION.
BUT ACTUAL WAS COST A RS 2,60,000.
SO BANK ANCTIONED HOME REPAIR LOAN OF RS 60000
AND TOTAL 2,60,000 RS BANK PAID DIRECT TO THE PARTY BY DD.
LOAN TENURE WAS 60 MONTH OF EACH LOAN.
BANK TOOK 60+60 CHEQUE FROM ME FOR REPAYMENT.
ALL CHEQUES WAS ONLY SIGNED AND OTHER PORTION WAS BLANK.
CHEQUES ARE FROM SAME BRANCH AND BANK.
NOW BANK PRODUCED THAT CHEQUES FOR REPAYMENT AND BOUNCING.
AND FILLING CASES U/S 138, 420.
NOW I HAVE PROVED TO THE JMFC AND I ACCQITTED
AFTER THEN I PAID ALL RS 3,10,000/- UNDER OTS.
THEN BANK GIVEN ME TO TERMINATE LOAN NOTEFROM RC BOOK.
AGAIN AFTER 2 YEARS BANK FILLED A CASE IN SAME MANNER.
BANK AWLAYS SAYS THAT CHEQUES ARE GIVEN IN WRITING BY ME. PLEASE HELP TO SAVE ME
Raj Kumar Makkad
(Expert) 01 March 2012
One loan has been repaid, bank cannot file complaint on the ground of given cheques.
You should have obtained No Dues Certificate from bank while clearning the entire loan liability.
Anyway, you use the same way against the banker and this time lodge a criminal complaint under section 420 IPC against all erring officials of the bank in their individual capacity as well as in their official capacity so that all those may be forced to take their bails from the court and may suffer like you.
You can also make a complaint to the Bankers Ombudsman in this regard.
Khaleel Ahmed Mohammed
(Expert) 01 March 2012
For every cheque bounce case documentary evidence in support of cheque required. You are advised to state the same in your counter .
Sudhir Kumar, Advocate
(Expert) 01 March 2012
If the liability stands discharged then no case can be made under Section 138.
But you must pay some inconvenince due to blank signed cheque.
If such mischief was done by Govt bank then you could file complaint with CVC.
Deepak Nair
(Expert) 01 March 2012
You can prove before the court that the loan is cleared and no liability is pending.
The Complainant shall prove any existing legally enforceable liability and also that you have given the cheque for clearing that liability. This is also a good case for you to win.
SAINATH DEVALLA
(Expert) 02 March 2012
Dear Mr Manoj,
You said that the bank has taken total of 120 cheques towards the two loans.How many of them have been cleared and how many bounced? When you post a query you should always attach the complaint copy also so as to make ourselves acquinted with the contents of the complaint.It will be recorded in the bank records the total number of cheques given by you and also the cheque numbers for the purpose of obtaining the two loans.
And as you have already cleared the total outstanding loans through OTS,bank cannot proceed again using the same cheques.I feel that there is some mischief going on.
Hence I request you to immediately give a criminal complaint against the bank involving the entire management enclosing all the copies of the previous case.
You will certainly get justice.
V R SHROFF
(Expert) 02 March 2012
Issue notice to bank that return all my cheques, and do not deposit, as PDF were issued against the Loan, which is fully paid.
If case in court, you are bound to defend yourself.
R Trivedi
(Expert) 03 March 2012
NOW I HAVE PROVED TO THE JMFC AND I ACCQITTED
You acquitted means that earlier a full proceeding case took place. Certainly the Bank would have given reference of all these cheques and also the transaction, in that complaint which you won. If the bank has not given then I am sure the cheque number series would have been the same. This would take care of any future or present case.
The point is who is playing with you ? Banks generally do not do this.
Shonee Kapoor
(Expert) 04 March 2012
You can get away by showing that due debt has been paid.
But as explained, you can also file a criminal complaint against the bank.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
