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madhu mittal (director)     13 September 2011

Invoking guarantee only for dishonoured cheques

A loan repayable in 36 monthly instalments by post dated cheques were given to borrower “B” on 01-04-2011 on the basis of guarantee of “G” given on same day.  Now cheques of  “B” is being dishonoured. Now Creditor “C” wants to invoke guarantee of G. And C wants to invoke Guarantee regarding only dishonoured cheques i.e. overdue amount, and not of whole amount due on today. Whether it is possible and if yes/no, Whether in spite of invoking guarantee, C is entitled to get encashed the remaining post dated cheques of B on their due dates.



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 1 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     13 September 2011

Criminal action under section 138 NI Act can be filed only against loanee in the given case and not against his guarantor. Civil liability of guarantor remains intact even if criminal complaint is filed against the accused. The complaitnant is fully entittled to claim his balance amount of laon event if he has filed a criminal complaint against the dishonour of one of cheuqes.


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