Harsh (None) 05 July 2018

Presenting cheques in different cities for harassment

Respected Sir

One of my friend had given 5 Blank signed cheques (1 of his wife , 1 of Father and 3 his own) to somebody.

He has taken Rs 6 Lakhs all in Cash. However, he is able to replay only half of the amount. His intention was really honest but due to his economical circumstances he is not able to pay debts.

The lender is asking to anyhow arrange and pay and threating that if he will not pay in a week or two he will get the cheque bounced for 12 Lakhs rupees from 5 different cities and his wife and father will have to travel to differnet stations for legal course.

Kindly help what can be done.

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2 Replies

Raghav Arora 06 July 2018

Hi! Thanks for the question!

Here if the opposite party has not served any notice upon you yet, then you should, as soon as possible lodge an FIR with the SHO of the concerned police station as well as the SSP of the district, and inform him of the issue(That he has blank cheques, half the amount has been repaid and the person is threatening you of the consequences under section 138 NIA(Cheque Bounce) continuously.

Also, send a legal notice through a clever advocate to the opposite party informing that a legal action shall be taken in case he continues to threaten.

As per the provisions contained in the sections 139 and 142 of NIA, the presumption is in favor of the holder of the cheque until it is proved contrary. He will be required to prove that the cheques had been issued for the discharge of a legally recoverable existing debt or other liability.

So if you give him the time to moves against you first by sending you a notice, you will find it very difficult to go through the case. So take action right away and save yourself.

Good Luck!