pronote
venkatesaperumal
(Querist) 30 December 2010
This query is : Resolved
my client had executed a blank pronote(for rs 30,000) in favour of one b in the year of 1992 .he repaid the amount with in a year i.e 1993 but failed to get back the blank pronote.now that b filed a civil case against my client as if he has borrowed a 7 lakh from b on 2007 how to defend the case?
Selva Kumar
(Expert) 30 December 2010
as per section 20 and 118 of Negotiable instrument act, when one who signs and deliver the blank pronote, where the holder of the same have to make and complete for any amount specified thereon and not exceeding the amount covered by the stamp
see (2002)1 MLJ 830
you may ask the plaintiff about his income, whether he filed the income tax report for the said alleged amount of 7 lakhs
question the insufficieny of stamps on pronote, if any
Guest
(Expert) 30 December 2010
Did your client get any receipts for the same? otherwise it is very difficult to discharge the burden of your client.
B K Raghavendra Rao
(Expert) 30 December 2010
Unless your client has supporting documents to evidence the statement made by you, it is very difficult to prove that he had not borrowed the money. The lender has to file only a civil case for money recovery wherein he is required to pay good amount of court fee. However, if the case is filed, all the skills at the command of the advocate has to be exercised to prove that the case is false and the amount borrowed had been paid long back.
Advocate. Arunagiri
(Expert) 31 December 2010
If you have not received the pronote back, it is your mistake, you have to face the case.
M V Gupta
(Expert) 01 January 2011
Your client had acted carelessly from the begining. However, as suggested by Shri Selva Kumar you may question the veracity the pro note, while proving payment of the amount of Rs. 30,000/-.
