138 nia
shubhra
(Querist) 18 April 2015
This query is : Resolved
I had issued 2 blank cheques as security to a local financier blank stamp paper and pro-note signed. Now the financier is demanding more than 7 lakhs to settle the issue charging 4% interest per month. I stopped the payment of cheques and he presented one cheque filled by him for amount for rs. 3 lac his name on the cheque is in my writing written in 2013 and he filled the cheque now. The same cheque has been returned by bank as STOP payment although the balance in bank was more than Rs. 3 lac. I also sent him registered letter writing that even despite my repeated reminder he is not returning my executed documents and cheques and i Have deliberately stopped payment of the cheque apprehending misuse by him.
Please advise how should I proceed in this matter and should I give reply to any notice he gives to me and what are legal standing in this case ?
Nadeem Qureshi
(Expert) 18 April 2015
first of all reply the notice and then fight the case on merit, proved that these cheques are security cheques and nothing else, N.I.Act will not be applicable on security cheques.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 April 2015
You have to prove that there was no legal liability, all other gimmicks does not work and accused get regularly punished for such lousy defense.
See what SC has to say in recent case for such defenses.
The judgment clearly held that the presumption under Section 139 of the Negotiable Instruments Act, 1881, includes the presumption of the existence at a legally enforceable debt or liability.
That presumption is required to be honoured, and if it is not so done, the entire basis of making these provisions will be lost.
Therefore, it has been held that it is for the accused to explain his case and defend it once the fact of cheque bouncing is prima facie established. The burden is on him to disprove the allegations once a prima facie case is made out by the Complainant. 23RD JULY 2013.
Rajendra K Goyal
(Expert) 18 April 2015
Consult local lawyer and reply the notice first.
ajay sethi
(Expert) 19 April 2015
you have to reply to legal notice . contest 138 Ni case on merits
Guest
(Expert) 19 April 2015
Well advised.
SAINATH DEVALLA
(Expert) 19 April 2015
When did he present the cheque? If so have U received the statutory notice? If so engage a competent lawyer and give a suitable reply.U should not ignore the notice.
T. Kalaiselvan, Advocate
(Expert) 29 April 2015
In the event of receiving a notice it becomes your duty to reply it, you may see what the notice contains and take defence accordingly.
