Cheque case

Kiran Kv Gowda (Querist) 31 May 2024 This query is : Resolved
In 2018 we taken credit from my father friend by using land as security for 266000 and one blank Vijaya bank cheque as security and we repaid amount of rs 400000 through NEFT and he cancelled land agreement and transferred the land too, now he torchering my father to give 100000 pending interst is there like that and by using old Vijaya bank cheque he sent notice for Rs 400000 and we gave strong reply with NEFT evidence and in police station he said it's for 100000 in 2018 but we transferred amount in 2019

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This discussion concerns a dispute over a loan repaid in full, where a blank cheque was allegedly misused. Despite evidence of repayment and the return of collateral, the lender is now demanding an additional amount, threatening legal action with an old cheque. Advice suggests issuing a 'stop payment' instruction to the bank and preparing a legal defence, as the claim appears to be time-barred and lacks clear evidence.

T. Kalaiselvan, Advocate (Expert) 31 May 2024
The police cannot interfere in this matter especially if you have the details of repaying the loan amount with interest and also for having got back the property given as collateral security, therefore you can ask him to proceed legally whre you can challenge the same properly.
Besides the claim of the year 2018 is very badly barred by limitation at this stage

Advocate Bhartesh goyal (Expert) 31 May 2024
Do not initiate any legal action against your father's friend ,let him initiate, your father has good defence, his claim is not only time barred but vague also.

Kiran Kv Gowda (Querist) 31 May 2024
Thank you so much sir

P. Venu (Expert) 03 June 2024
You may intimate your father's friend, preferably through a lawyer, that the loan availed having been cleared, you are issuing 'stop payment instruction' in respect of the blank cheque. Simultaneously, issue instructions to the Bank not honour the said cheque, if presented.

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