Cheque bounced
7 months ago
Someone gave my father 2 lakh cash as loan and took signed blank cheque from him as security.My father returned money in cash around 1 lakh and rest of amount also ready to give, but the lender claim the cheque with filling amount of 4 lakh and file a case againt my father under NIA 138.what should My father do to counter this case?
A.Dear Sir,
Your father is in risk anyway you can drag the matter for next 2-3 years and ultimately it may be ended in compromise.
Your father is in risk anyway you can drag the matter for next 2-3 years and ultimately it may be ended in compromise.
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A.Dear Client,
When your father issued a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver may misuse the cheque against your father by filing a case under N I Act on dishonor of said cheque. As per the cheque bounce case rules, a legal notice has to be served within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the cheque returned irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day term to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. Even a blank cheque leaf, voluntarily signed and handed over by the Drawer/accused, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. So, if you are able to prove the cheque was not issued in discharge of a debt, then you will not be held accused under Sec. 138 of N I Ast. . Reach out to an Advocate for guidance and steps
When your father issued a blank cheque as security against a loan and in the absence of any agreement, the cheque receiver may misuse the cheque against your father by filing a case under N I Act on dishonor of said cheque. As per the cheque bounce case rules, a legal notice has to be served within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the cheque returned irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day term to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. Even a blank cheque leaf, voluntarily signed and handed over by the Drawer/accused, which is towards some payment, would attract presumption under Section 139 of the N.I. Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt. So, if you are able to prove the cheque was not issued in discharge of a debt, then you will not be held accused under Sec. 138 of N I Ast. . Reach out to an Advocate for guidance and steps
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