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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

 5 Replies

Dr. J C Vashista (Advocate )     24 July 2024

Send reply to the notice of the company where you were employed / NBFC seeking to file cheque dishonour case.

Sudhir Kumar, Advocate (Advocate)     24 July 2024

given facts indicae that the loan reamained un liquidated dspite sale of car.

T. Kalaiselvan, Advocate (Advocate)     24 July 2024

The security cheque can be used by NBFC for recovery of loan amount hence there is no legal infirmity in filing the cheque bounce case, you may have to challenge the case on merits

Nithin (Business )     25 July 2024

Sir,

The loan pending amount is 1.30L but they have filed cheque case with amount of 7Lacs.

Even the vehicle price is 4.7L.

May I know whether the 7Lacs cheque is valid or not since the cheque amount(7L) is more than the pending due(1.3L).

Dr. J C Vashista (Advocate )     25 July 2024

Contest the case tooth and nail for a case u/s 138 of NI Act, 1881 through a local prudent lawyer.


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