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Nithin (Business )     23 July 2024

Nbfc cheque case after vehicle surrender

Dear Sir/Madam,

 

My Uncle has purchased a car in 2018, which was surrendered in 2019 due to job loss. Approximately 6 EMIs were paid, with the vehicle originally priced at 4.72 lakhs. The company sold the vehicle for 3.40 lakhs, leaving a balance of 1.3 lakhs. Recently, The NBFC/Company filed a cheque case for 7 lakhs, which includes the vehicle price and interest. However, the correct pending due is only 1.3 lakhs. The cheque was issued as security at the time of the loan issuance. Despite this, the company continues to demand recovery of the 1.3 lakhs after filing the case. 

 

Could you please clarify whether sections 138 and 142 are still valid based on this case?

 

Thank you.



Learning

 1 Replies

vasantharao venkatarao (Independent professional )     25 July 2024

 Following is the response.

  1. Since there is a balance against the Original Loan amount , liability to pay the balance amount of Rs 1.3 lakhs remains.
  2. As regards the cheque, you have every right to contest as the company cannot demand more than what is due as on a given date. Hence if the company has not given effect to the payments made by you, you can object to the same
  3. other legal issues in relation to the S.138 will be dependent on the issues pleaded in the complaint
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