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gnath (ssvdsvg)     06 October 2012

Cheque misuse

  • my dad gave blank cheque and it was misused by a person who gave money for interest..
  • And they filed a case against my dad under 138NI act..
  • Loan amount is 80000 only but they filled 3L in cheque and filed complaint..
  • So i need some advice to solve this problem..


Learning

 9 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 October 2012

contest from day one properly and you can come out of it.

Normally the people do the reverse , initially they waste time in taking dates and when the matter is fixed for cross no further dates will be given and initial opportunity to attack on technicals is lost.

Nitish Banka (lawyer)     06 October 2012

1. the loan agreement can be a valid proof to show the debt.

2. to show that the cheque is misused the amount drawn from the bounced cheque and loan amount in loan agreement clearly shows this

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     07 October 2012

Where is loan agreement.

Complainant has to prove legal liability which gives a vast ocean like opportunity for the accused to demolish the claim and so the case.

gnath (ssvdsvg)     07 October 2012

Thanks for your valuable replies sir...

Actually there is no agreement or any paper proof of giving loan and all..

They got a blank cheque from my dad when they gave money(80k) before an year..

My dad also paid interest 24k till today..

But he cant pay interest and repay amount past 8 months so they filed a fake case against my dad  that he have to give 3Lakh but his cheque bounced like that..

Plz guide me waiting for your replies....Thanks in Advance..

Nitish Banka (lawyer)     08 October 2012

Hi,

If there is no loan agreement there is no Debt,So there is no cause of action and thus no libility lies upon you.You can contact me on 9891549997 and we will help you.

Regards,

Nitish

annonymous (na)     08 October 2012

Originally posted by : Nitish

Hi,

If there is no loan agreement there is no Debt,So there is no cause of action and thus no libility lies upon you.You can contact me on 9891549997 and we will help you.

Regards,

Nitish

 

"Most of the people who lend money on 5-10% per month   takes  blank signed  cheques as well as  a blank stamp paper  signed by borrower  .. It is a  very common practise   probably  on each and every state/city/street of india .....And law often favor  such lenders  instead of favoring someone  who  probably took loan cause  of  urgent need like  for treatment of someone dying with disease ."

What could be  possible  remedy in such cases ? and What are the chances of  success by accused , Please reply 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     09 October 2012

Cheque cases have to be faught on fact and law from day one. Only agreessinve contast can result in win otherwise normally most of such cases result in conviction due to over confidence that this or that was not there.

We still maintain that whatever precaustion the complainant takes it is easy to win any cheque bounce case.

 

gnath (ssvdsvg)     09 October 2012

so with only proof of signed cheque is there any chances to win this case against my dad  ?

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     09 October 2012

The law is simple cheque from your account, you have signed it , it is bounced and you have not paid even after notice.

However there are eascape routes if the case is contested properly which deffer from case to case as Ld expert has explained above.


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