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Dishonor of cheque

(Querist) 26 May 2009 This query is : Resolved 
Dear Sir,

I am doing job work of washing machines. With the help of freind I have opened s.B. a/c with Rs. 5000 in bank and on his good relationship that I give him three blank sign cheque on the basis of promise, he will give me cash after 2 three day as advance for job work of material. whenever I return back his material after doing job work, he return my cheque. (verbal condition) but he do not give any material to me and give me legal notice to pay Rs. 50000/- (the amount fill in blank cheque), which I give you personal loan. I am immdeiate close my bank a/c. There is no transaction in bank account except of this Rs.5000/- and he give him security to open the account. Now I have received legal notice from court. Please help me what I can do now ?

Pls pls pls pls help me.

Baljinder singh
RAKHI BUDHIRAJA ADVOCATE (Expert) 26 May 2009
Dear Baljinder,
Plz. do call me as m unable to understand ur query. plz.
My no. is 09871158578/09711364956
adv. rajeev ( rajoo ) (Expert) 26 May 2009
Rakhi has rightly said, ur question is unable to understand.
Prakash Yedhula (Expert) 26 May 2009
It seems that your friend has misused the cheque given by you by presenting it after filling up the same for a sum of Rs.50000/-. However, in case your friend institutes any complaint for the offence under section 138 of NI Act, you need to exonerate yourself by proving that the cheque is not supported by any valuable consideration. This can be done only at the stage of trial .
Y V Vishweshwar Rao (Expert) 27 May 2009
Dear Prakashji

Your opinion is correct!

Once the Case u/s 138 NI Act is filed
the matter is to be decided by the Court- at the stage of Trial .
Swami Sadashiva Brahmendra Sar (Expert) 27 May 2009
Ditto.
Uma parameswaran (Expert) 27 May 2009
The legal notice that received by you is not from court but from your friend. With the help of a lawyer give reply to the notice.


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