Cheque bouncing cases
AK Misra
(Querist) 29 July 2017
This query is : Resolved
In housing loan, NBFC took around 12 blank cheques in 2011 from the borrower. Ten were used in 2011 by NBFC towards EMI,Processing etc.
2 Cheques were filled in June 14 for approx Rs.5.00 lacs. Borrower has a zerox copy of all blank cheques. These were old non CTS cheques. During this period of 4 years borrower closed that account in 2013 and cheques were bounced with remark account closed. NBFC now filed a complaint U/s 138 .What could be the defence for accused side?
Adv. Yogen Kakade
(Expert) 30 July 2017
As the cheque has been issued, it is a liability if the issuing person to pay the amount, but the amount on the cheque is not filled by the issuer, then on the ground of the denial of unjustified amount, purpose of issuing the cheque and cheque issued was blank at the time of issuing can be the defense available for you,
but wait for the other experts to reply.
Dr J C Vashista
(Expert) 31 July 2017
You have stated 10 out of 12 cheques were presented by NBFC and cleared in the year 2011 itself, how come they (NBFC) did not present during the elapsed period from 2011 to 2014?
You have further stated the loan taken in the year 2011 (presumably in the month of January or February 2011) only then it was possible to present 10 out of 12 cheques, is it? If so, there is no question of retaining 2 cheques, which you have stated to have been presented after a gap of more than 3 years, improbable and hypothetical story, isn't it?
Prima facie you have fabricated the story, for which consult your tutor.
AK Misra
(Querist) 31 July 2017
Mr.Vashistha you are totally wrong and misunderstood query. They were blank cheques. When the account gone NPA NBFC presented those cheques. They use to keep such undated cheques for recovery.Please read the question carefully before giving any qualified remark towards querist.
Rajendra K Goyal
(Expert) 01 August 2017
Dear Author,
Please try to be polite and keep mutual respect while commenting. Your language is not appreciable for an expert who is providing selfless free service. Moreover he is senior citizen.
You have issued the cheques which were bounced, you have to defend the case against you on merits. Please engage some experienced and senior lawyer to defend you in the case.
You seem to have a weak case in your favor, your lawyer can get you out of it if your case is defended properly.
