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Nainil (Facluty)     30 May 2013

Un-accounted income of complainant & mis-use of cheque

Dear All,

 

Can any body tell me if cheque is given as a security to money lender and if he misuse that cheque by writting the amout and deposit.  and send a legal notice. so is it offence or not?  under NI ACT?

can borrower is legally liable to pay?

Money lender didnt have any proof for lending money.  it is unaccouted income which he has not shown in his IT return.

 



Learning

 6 Replies

HIRAL THAKKAR (ADVOCATE )     30 May 2013

if u can prove the cheque was given as security and if you can prove the money was lent you need not worry

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     30 May 2013

1) Cheque is from your account 2) You have signed it 3) it is bounced and 4) you did not pay after notice so law presumes your guilt.

It will be only an expert defense advocate who can get accused out from such cases otherwise normal cases it is conviction.

Advocate Deepak Gupta (Lawyer)     30 May 2013

Intially signed  cheque is suffieicent to prove the transaction liability  , generally  cheque given as an security is related with commerical agreement and transaction , you iteslf admitted the issuing of  cheque to money lender . If Money lender lending money illegally ( without licenses ) he hide his lending business in legal notice and complaint also.  Negotiable Instrument Act define only "legal enforcement liability"  , but practically its tough job to prove it.   

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     31 May 2013

The accused should not confuse the two issues the ILLEGAL BUSINESS AND LIABILITY.

 

Even though the person doing illegal money lending he can not be deprived of his dues. He may be punished for illegal work it does not mean the accused can eascape from liability. There is HIGH COURT citation on this matter.

 

There are other methods to win the case since the law is technical and so all rquirements are not properly followed by the complainant..But over dependence on such defense results in conviction .

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     01 June 2013

Mr Maru, 

Pl refer me that particular citation of High Court where that court allowed and helped to recover a illegally lended money .

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     01 June 2013

Mr Hemant agrawal a  well studied member of this had posted that JUDGEMENT on this site, pl search it.

 

I will also  do it  but it may take time.


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