Unable to meet cheque obligation due to job loss
Querist :
Anonymous
(Querist) 30 December 2009
This query is : Resolved
Hi,
I live in the UK at the moment. Like many others in the banking circle here, I had been laid off and have been without a job for almost a year now.
I had taken advance to sell a plot in India but the buyer could not keep up the obligation and has been forcing my mother in India to return the advance paid to him. Under severe duress, my elderly mother gave the buyer a cheque for Rs 2 lakhs from one of my account (I had left some signed cheques with her to meet her monthly expenses). I am not able to honor the cheque as I do not have the money now due to my difficult financial circumstance.
The buyer had deposited the cheque and it has bounced twice. I am expecting him to issue me a legal notice. What remedy do I have? My situation does not allow me to pay him the Rs 2 lakhs in one shot but I can give him back the money in smaller (Rs 10,000 a month) till such time I get a job.
mahesh kumar yadav
(Expert) 30 December 2009
you have exeuted any agreement of sale? if so there will one clause that the buyer should pay the remaining amount to you with in the speicified time (as mentioned in the agreement), you can file a suit against him for specific performance.
Ajay Bansal
(Expert) 30 December 2009
POSITION IS AGAINST YOU.IT IS BETTER TO PAY HIM RS.2 LACS.
joyce
(Expert) 30 December 2009
Before receiving the notice from a person to whom your mother has issued cheque you issue notice immediately not to present the cheque informing about your present condition.
Kiran Kumar
(Expert) 30 December 2009
dear friend, if the buyer failed to act positively then why u paid back the money...what were the terms of the agreement?
who actually entered into agreement?
rahter there are many questions, better meet some local lawyer, if the facts permit then i may be alleged that the cheques were obtained by fraud from ur mother.
its advisable to contact some local lawyer, show him the complete documents so that he can assess the civil as well as criminal liability.
Raj Kumar Makkad
(Expert) 30 December 2009
You are not responsible to make any payment so cheques even though issued by your mother in favour of its holder do not make you legally responsible to re-pay/return even a single penny so do not afraid. You should not offer to even repay in installments. Face the situation bravely with the help of any local lawyer.
Guest
(Expert) 30 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE ISSUE OF CHEQUE AND DISHONOUR OF THE SAME AND REPAYMENT OF IT KINDLY NOTE SOME IMPORTANT POINTS.
1.THE PURCHASER OF PROPERTY HAS MADE BREACH OF CONTRACT AND NOT PAID YOU FULL CONSIDERATION OF PURCHASE VALUE OF PROPERTY. HENCE KINDLY REFER YOUR SAID AGREEMENT AND CHECK IF ANY FORFEITURE CLAUSE IS THERE.
IN CASE OF DEFAULT IN MAKING BALANCE PAYMENT YOU MAY FORFEIT THE AMOUNT PAID AS ADVANCE.BUT CHECH WHETHER ANY CLAUSE YOU HAVE ADDED IN YOUR AGREEMENT.
2.THE OTHER SIDE FORCEFULLY OBTAINED BLANK SIGNED CHEQUES FROM YOUR MOTHER ILLEGALY AND FORCEFULLY HENCE IT IS NOT VOLUNTARILY GIVEN.YOU MAY STOP THE PAYMENT OF THE SAID CHEQUES AND STOP FURTHER DAMAGE,AS YOU HAVE NOT YET RECEIVED ANY NOTICE OF DISHONOUR OF CHEQUE FROM THE HOLDER OF CHEQUE.
3.AS THE HOLDER OF CHEQUE HAD ALREADY DEPOSITED THE CHEQUE TWICE ON THE POINT OF CAUSE OF ACTION,EVEN IF NOTICE IS ISSUED AND CASE UNDER SEC138 OF N.I.ACT IS FILED AGAINST YOU ,THEN YOU HAVE VERY GOOD DEFENCE.YOU WILL SUCCEED.
4.KINDLY TAKE PRECAUTION NOT TO MAKE ANY COMMITMENT IN WRITING TO THE OTHERSIDE AND YOU SHOULD NEVER ADMIT THE AMOUNT OF CHEQUE ORELSE YOU WILL SPOIL YOUR DEFENCE IN CASE UNDER SECTION 138 OF N.I.ACT.
5.YOU SHOULD BE CONFIDENT AND DO NOT GIVE ANYTHING IN WRITING TO THE OTHER SIDE ABOUT REPAYMENT OF AMOUNT AS IT WILL BE USED AGAINST YOU TO PROVE THE CASE AGAINT YOU UNDER SECTION 138 OF N.I.ACT.
6.KINDLY INFORM YOUR FAMILY MEMBERS NOT TO ACCEPT ANY NOTICE OR SUMMONS ADDRESSED IN YOUR NAME.AS IN CRIMINAL CASES THE POLICE CANNOT ARREST OTHER FAMILY MEMBERS PLEASE NOTE.AND N.I.ACT SEC.138 IS A BAILABLE OFFENCE PLEASE NOTE AND EXCEPT YOU CASE CANNOT BE FILED AGAINST ANY ONE ELSE.HENCE YOU INFORM YOUR OTHER FAMILY MEMBERS NOT TO ISSUE ANY CHEQUE AND NOT TO GIVE ANY THING IN WRITING TO THE OTHER SIDE.PLEASE NOTE.
6 YOU MAY WRITE AND SEND DETAILS ,YOU HAVE A VERY GOOD DEFENCE PLEASE NOTE.YOU NEED NOT WORRY ABOUT THE THREATS FROM OTHER SIDE.YOU HAVE VERY GOOD DEFENCE.SO KINDLY SEND DETAILS OR WRITE OR CALL .WILL HELP YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.WISH YOU A VERY HAPPY NEW YEAR .MAY GOD BLESS YOU ALL.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Guest
(Expert) 30 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE ISSUE OF CHEQUE AND DISHONOUR OF THE SAME AND REPAYMENT OF IT KINDLY NOTE SOME IMPORTANT POINTS.
1.THE PURCHASER OF PROPERTY HAS MADE BREACH OF CONTRACT AND NOT PAID YOU FULL CONSIDERATION OF PURCHASE VALUE OF PROPERTY. HENCE KINDLY REFER YOUR SAID AGREEMENT AND CHECK IF ANY FORFEITURE CLAUSE IS THERE.
IN CASE OF DEFAULT IN MAKING BALANCE PAYMENT YOU MAY FORFEIT THE AMOUNT PAID AS ADVANCE.BUT CHECH WHETHER ANY CLAUSE YOU HAVE ADDED IN YOUR AGREEMENT.
2.THE OTHER SIDE FORCEFULLY OBTAINED BLANK SIGNED CHEQUES FROM YOUR MOTHER ILLEGALY AND FORCEFULLY HENCE IT IS NOT VOLUNTARILY GIVEN.YOU MAY STOP THE PAYMENT OF THE SAID CHEQUES AND STOP FURTHER DAMAGE,AS YOU HAVE NOT YET RECEIVED ANY NOTICE OF DISHONOUR OF CHEQUE FROM THE HOLDER OF CHEQUE.
3.AS THE HOLDER OF CHEQUE HAD ALREADY DEPOSITED THE CHEQUE TWICE ON THE POINT OF CAUSE OF ACTION,EVEN IF NOTICE IS ISSUED AND CASE UNDER SEC138 OF N.I.ACT IS FILED AGAINST YOU ,THEN YOU HAVE VERY GOOD DEFENCE.YOU WILL SUCCEED.
4.KINDLY TAKE PRECAUTION NOT TO MAKE ANY COMMITMENT IN WRITING TO THE OTHERSIDE AND YOU SHOULD NEVER ADMIT THE AMOUNT OF CHEQUE ORELSE YOU WILL SPOIL YOUR DEFENCE IN CASE UNDER SECTION 138 OF N.I.ACT.
5.YOU SHOULD BE CONFIDENT AND DO NOT GIVE ANYTHING IN WRITING TO THE OTHER SIDE ABOUT REPAYMENT OF AMOUNT AS IT WILL BE USED AGAINST YOU TO PROVE THE CASE AGAINT YOU UNDER SECTION 138 OF N.I.ACT.
6.KINDLY INFORM YOUR FAMILY MEMBERS NOT TO ACCEPT ANY NOTICE OR SUMMONS ADDRESSED IN YOUR NAME.AS IN CRIMINAL CASES THE POLICE CANNOT ARREST OTHER FAMILY MEMBERS PLEASE NOTE.AND N.I.ACT SEC.138 IS A BAILABLE OFFENCE PLEASE NOTE AND EXCEPT YOU CASE CANNOT BE FILED AGAINST ANY ONE ELSE.HENCE YOU INFORM YOUR OTHER FAMILY MEMBERS NOT TO ISSUE ANY CHEQUE AND NOT TO GIVE ANY THING IN WRITING TO THE OTHER SIDE.PLEASE NOTE.
6 YOU MAY WRITE AND SEND DETAILS ,YOU HAVE A VERY GOOD DEFENCE PLEASE NOTE.YOU NEED NOT WORRY ABOUT THE THREATS FROM OTHER SIDE.YOU HAVE VERY GOOD DEFENCE.SO KINDLY SEND DETAILS OR WRITE OR CALL .WILL HELP YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.WISH YOU A VERY HAPPY NEW YEAR .MAY GOD BLESS YOU ALL.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Guest
(Expert) 31 December 2009
Even if you get a legal notice of cheque dishonour, you may ignore it since you have good intention of repaying in instalments of Rs.10,000/- p.m., and put an end to the problem, you may take the aid of "Lok Adalat" (presided by an ex-judge) and offer your scheme of repayment and if the other party agrees you may get it solved by means of an official Order.
