Illgal moneylenders check bounce
joy dasgupta
(Querist) 09 April 2012
This query is : Resolved
dear sir/mam;
my father take a hand loan from a person of 1 lack.He made an agreement with my father for this hand loan and there is no provision in that agreement that we pay a monthly EMI.
this case is also get posted in this site.
now that man claim monthly EMI from my dad,and says that one EMI is paid(by giving mental harrasment) by my dad by check.since my mother was very ill so at that time my father's salary account get nil.
so as a result ,
that man check get bounced.now he threat that he can file a NI 138 against my dad though he is illegally taking this money from my dad.
now ,what will my dad do?please sir,give me advice.thank u for reading this post of mine.
Arvind Singh Chauhan
(Expert) 09 April 2012
Though your father can't escape from financial liability, but following attachment may help him to cope with 138 NI Act, if in your home state such Money lending is prohibited.
Go through the attachment.
Raj Kumar Makkad
(Expert) 09 April 2012
There are various citations vide which a non-licensed money lender cannot invoke the provisions of NI Act.
Deepak Nair
(Expert) 10 April 2012
Well advised by the experts above.
SAINATH DEVALLA
(Expert) 10 April 2012
Dear Dasgupta,
Case filed by an unlicensed money will not stand.He has to account for every rupee mentioned in the complaint.The only option with him would be to file a civil suit,in case he possesses promisory notes.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 April 2012
This is Mumbai HC citation but even other wise there are money lenders act in force in every state.
But private money lenders term it as hand loan to avoid this act .
Here the skills of defense advocate will be useful to trap the complainant in cross.
Shonee Kapoor
(Expert) 10 April 2012
Agreed with experts and thanks for the citation.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 10 April 2012
Dear Dasgupta,
The ball is in the court of your advocate.If he is wise and intellegent,he can make the complainant drink the water of the seven seas.
