Blank Cheque submitted by bank
Sushil Biswas
(Querist) 09 January 2019
This query is : Resolved
Sir, i had taken personal loan from axis bank 2 years back, but due to loss of job i was unable to pay the emi and finally became npa, they had taken blank cheques during the disbursement and now they have filled it and submitted it and it got bounced because of insufficient amount in my account in another bank, can they file criminal case against me?
P. Venu
(Expert) 09 January 2019
Yes, they can. However, before filing the case, they need to serve a Notice upon you. You have a good defence if the reply to the Notice is tactfully drawn up.
Dr J C Vashista
(Expert) 10 January 2019
It is presumed that the Bank is not doing any charitable advances.
Why not ?
It is obvious the bank shall (definitely) file criminal complaint / complaint for dishonour of cheque / recovery suit against you.
Sudhir Kumar, Advocate
(Expert) 10 January 2019
Cetainly they can file criminal case.
They will file sure for certain.
That is the reason they have got the cheque bounced.
Hemant Agarwal
(Expert) 22 February 2019
1. Banks are definitely & legally entitled to file Legal Proceedings for recovery of the Loaned amounts, by following proper procedure of law.
2. HOWEVER, taking "blank cheques", from clients, is criminal Breach of Trust & Intimidation & Misrepresentation.
3. Just simply claim that the Banks coerced you to handover "blank cheques" by falsely misrepresenting before you that the said "blank cheques" were taken for security and not for EMI purposes, thus breaching your trust.
4. With proper Legal representations, you would be able to come out of the Cheque Bouncing case, BUT you would still be liable for "recovery proceedings" & consequent attachment of your other properties.
Keep Smiling .... Hemant Agarwal
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