Section 138 of ni act
pushpakrishna
(Querist) 26 July 2017
This query is : Resolved
Dear experts
A person given two CHEQUES on 23.06.2016 and another cheque on 28 06.2017 for a loan of Rs 600000,200000 and 1000000 for as a friendly loan on the respective dates and dishonred from the bank due to insufficiency of funds .for three cheques notice issued on different dates and received by him.now the question is can the person can file only one case before the court if the limitatation is there for filing the case. Drawer and drawer both are same.
The acknowledgement of the loan is there.
Thanq experts in advance.
P. Venu
(Expert) 27 July 2017
The real story could be something different. Three blank undated but signed cheques would have been taken against a 'friendly loan' at an exorbitant rate of interest. The borrower would have already repaid much more than the amount given. But still then, the cheques would have been tried to encashed for a fancy amount. Naturally, the cheques have been dishonored. The entire sequence of events amounts to an abuse of law.
In my considered opinion, this august forum is not meant to offer any suggestion to aid any action amounting to abuse of law.
