Cheenu Sharma 31 May 2016

Bank misusing blank cheque against a property we no longer have possession of

Hi,

Due to a very unfortunate turn of events detailed at this link:

https://www.change.org/p/the-most-hon-ble-chief-justice-of-india-please-save-my-only-home-grant-me-the-protection-of-section-51-transfer-of-property-act

...my father lost the only property he'd ever built using his sweat and blood. Some pending house loan, comprising core loan and overdraft, is still pending against the property although he has lost possession.

Now, the bank has cunningly made a cheque bounce against the OverDraft amount and seems to be planning to file a case under Section 138 of the NI act. How can we defend him against this case? If you need any additional inputs, just let me know and I'll post them as comments.

Thanks,

Cheenu

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4 Replies

Kumar Doab (FIN) 31 May 2016

If it is cunningly then you may fight it on merits.

Whatever be the background, the bank/lender shall proceed to recover.

The shrewd and unscruplous indivisuals have looted and fleeced the unsuspecting citizens time and again,

Bombay Coca Cola society is also one illutracious example.

Join hands and create noise.

Approach media and petition the PM, President.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 31 May 2016

Sir,

For what purposes the cheque was issued, if the cheque was issued in liu of any laibilty which the bank can justify then the complaint under section 138 NIA is maintenable and the case can be filed by the bank.

Warm Regards

Kapil Chandna Advocate

9899011450

Sudhir Kumar, Advocate (Advocate) 01 June 2016

No time to read long article given in the link.

please clarify

Who took the loan?
How your father lost property?
To whom he lost property?
How bank is responsible for the loss of property?
Why should they not recover loan?
How should they recover loan?
Who issued cheques?
Why do you think bank is acting cunningly?
When the default started?
When cheque bounced?
What is amount of loan + interest?

Kumar Doab (FIN) 01 June 2016

You have posted that:

"The matter pertains to the "Golden Forests (India) Pvt. Ltd"

I was told that the resolution through which Thy Golden Globe (Pvt.) Ltd.—apparently one of the many subsidiaries of the ill-fated Golden Forests (India) Ltd., whose assets the Committee was tasked to liquidate—had transferred the property to one Veena Bajaj, who had in turn sold the property to Sunita Sharma, was illegal and invalid. Therefore, the entire chain of titles following that resolution, including my sale deed, had been considered invalid.

On all three occasions, lawyers on the panels of the nationalised banks issued non-encumbrance certificates after all valid checks, certifying that my title to the property was clear and undisputed."

Join hands and Engage a very able lawyer/law firm specializng in such/property/revenue matters and create noise.

Petition media, CM, PM,Chief Justice ,Law Minister, President.