Madhusudan Kabra 08 January 2016

Blank cheque issued - negotiable instrument act,

My father issued a blank cheque to Mr. X for unsecured loan of Rs. 3 Lakh he took from Mr. X. My father continuously repaying interest to him (In cash). failing to pay interest for few months due to his illness Mr. X draw the cheque of Rs. 25 Lakh and sent a notice under Negotiable Instrument Act.

We tried to settle it outside the court but Mr. X is asking for 25 lakh Rs.

What are the options available to my father now ?

please provide any relevent case laws/ judgement/ pronouncement which can help me.

Thanks

Madhusudan

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 January 2016

Sir,

It's not that easy for him to recover the money without proving the liability in the part of your father, let him prove your father owe him 25 lakhs and then only he will be able to get an amount of the same from the courts.

Contest your case on merits and disprove his claim .

Warm Regards

Kapil Chandna Advocate

9899011450

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SAINATH DEVALLA (LEGAL CONSULTANT) 08 January 2016

Claiming 25L without valid supportive documents and accounting is difficult to be proved in court. But it also depends on the wisdom of the lawyer u engage.

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Madhusudan Kabra 11 January 2016

Ideally what should be the documentation/ supportings/ proofs i should prepare or arrange to support my case/ my stand.

Thanks in advance.