Bonced blank cheque

1. If the payments was done regularly the bank had no opportunity to present the cheques.

2. There are two big case laws about blank cheques, one each from Mumbai and Kerala HC where the HC has refused relief under 138 NI for the same.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Sir,

Thank you so much for your quick response. As mentioned, the repayment was started a year later than the due date. The EMI was 9000 but the repaid amount was not always 9000 (between 10,000 to 3000)and regularly every month, till date. We have all the receipts.

Could you pls advise:

-Why was there no notice to me as a co-applicant for loan?

-Can i attend the date in the court alone?

-Could you also please give ref no of judegements of Kerala and Mumbai HC.

Thank you so much again for your help.

Regards,

A Kumar

Yes, you can attend the dates alone and you should take this objection,.

Usage of blank cheques for payment has been decried by Mumbai and Kerala HC.

1. First of all take the statement from the Bank and find out the due amount, atleast on the day of presentation of cheque.

2. Who is the gurantor ? This seems to be some third person other than yu and your son.

3. So if it is the gurantor cheque, not yours then there cannot be any case against you. Bank must send the notice to your gurantor.

4. Legally you will come out, but if you havetaken the education loan from the Bank and if any reasonable amount is due, then please pay it up. 

-. Amount with interest was rs 3 lacs when the cheque was presented by bank. Till that date 2.3 lacs already paid to bank. 

-blank cheque was typed and not hand written

-. Bank rep collects the repayment of varying amounts from our house every motnh.

-. we don’t want the guarantor to be in any trouble.

-. we are trying to clear the loan. But it will take a few months or more.

1. The bank had 2 blank cheques of guarantor. What does the bank imply by that accused issued cheque worth 2.5 lakhs for partial discharge…?

2. Do you think the bank has issued the cheque for faster recovery of loan? Is it legal?

3. How can it be proved that the amount and date was typed by bank and not by us.

4. A notice has been sent to my son only to this effect and not to me as the co-applicant.

5. Can we ask the bank to return the 2^nd blank cheque to us?

What is section 56 of NI act?

1. In our case, could it be applicable since we are paying part of EMI regularly every month since the Bank got the blank cheque bounced.

2. The notice was received by the bank and returned on 9 Nov. The complaint was filed on 17 Dec. Thats 39 days. Is it valid?

Really appreciate your response.

Thanks and Regards

Please send the copy of notice and copy of complaint and we will give you step by step procedure to be followed in court in cheque matters.