rami (senior) 13 December 2013
sir,
i have signed a cheque 10 yrs back with out date and amount on it(handed this as middle men security to money transaction between 2 persons).
the bank account with corresponding cheque is closed 4 years back.
since the person did not pay back the money; now the money lender is after me threatening to file a case against me with the cheque i gave him and 3 time the actual amount i have been security for.
not sure how to proceed on this; can some body suggest.
T. Kalaiselvan, Advocate (Advocate) 13 December 2013
You say that the money transaction is long as 10 years ago, it is barred by limitations; you also say that you have closed the said bank account around 4 years back, but the issuance of cheque relates to 10 year back, what have you been doing so long i.e., for 10 years, were you not bothered about the repayment of default loan amount by the lender so far, since when the borrower has not paid the interest or defaulted in repayment?, issue a legal notice to the lender demanding the return of your 10 years old cheque lying with him for the purpose of security for the loan obtained by your friend, this is the safest way to handle a cheque bounce case in the future in case the lender is contemplating to file one.
Advocate Ravinder (Advocate/Attorney) 16 December 2013
You have given the cheque for the purpose of security 10 years back for some monetary transaction. After that there might be some other transactions between them. The money lender is using your cheque for the transaction which occured recently and not for the orignal transaction you meant for. You have to prove the same before the court.
Moreover, the cheque given for security will not be treated as cheque bounce case under sec. 138NI Act. The cheque should be given for a debt not for surity or security. This is a complicated case and by engaging a good lawyer you can win the case.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 17 December 2013
Dear Querist
no need to worry about it, they can not do any thing against you. they can first send the legal demand notice to you and after that file the complaint against you in which you have to fight and at the stage of your evidence file an application for hand writting experts, by which you can get the report of the experts that the writing over the cheque are different and the age of the signature is approximatly 5-10 years or on the date and amount is current. so it will be proved that this was a security cheque and the complaint filed under section 138 NI act will not attrect.
they can not filed any civil case against you too because civil case can be filed only within three years.
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