Cheque more than three year old
Querist :
Anonymous
(Querist) 20 September 2011
This query is : Resolved
DEAR EXPERTS,
GOOD MORNING, IN THIS CASE THE CHEQUE IS BLANK ISSUED ON 15.3.2004 AS SECURITY VIDE WRITING DATED 15.3.2004 THAT THE ACCUSED WILL MADE PAYMENT OF RS.150000/- ALONG WITH INTEREST @4% WITHIN SIX MONTHS BUT THE ACCUSED MADE PAYMENT UPTO 20.9.2005 AND CLEARED THE PAYMENT OF RS.150000/- WITHOUT ANY INTEREST. THE COMPLAINANT GOT FILLED & PRESENTED THE CHEQUE FOR RS.95000/- ON DATED: 11.3.2008 WHICH BOUNCED VIDE MEMO DATED 19.6.2008 LEGAL NOTICE ISSUED ON 24.6.2008 AND COMPLAINT PRESENTED ON 16.7.2008. THE COMPLAINANT DID NOT DISCLOSE THE FACT IN HIS COMPLAINT BUT ADMITTING THE WRITING DATED 15.3.2004.
NOW PL TELL THAT WHETHER THE DEBT IS RECOVERABLE UNDER SECTION 138 N I ACT? WHETHER THE THE ACCUSED IS GUILTY FOR OFFENCE UNDER SECTION 138 N I ACT? AND PL TELL ANY LAW IN FAVOR OF ACCUSED.
REGARDS
prabhakar singh
(Expert) 20 September 2011
quite confusing!
Should i understand your facts as follows::
1]It was a blank undated cheque handed over on 15/03/2004 by the drawer to payee!
2]It was received with some agreement note whereby a sum of Rs.150,000/=was advanced repayable with interest @4%[pm/or pa?] with in 6 months up to15/09/2004!
3]debtor could not pay with in time but continued to pay up to 20/09/2004 clearing the principal!
4]payee filled the blank cheque for Rs.9500/= and presented it on 11/03/2008
5]Cheque stood bounced as per bank memo19/06/2008!
6]complaint presented 16/07/2008!
If so are the fact i find that you lack in supplying the fact about the notice of demand,when sent on drawer debtor,when served,replied or kept mum,????????
please also inform about it as well as the fact that old loan facts are pleaded in complaint or this one has been shown tobe new loan.
and also that whether earlier written note of loan is with only creditor or with debtor also.
Advocate. Arunagiri
(Expert) 20 September 2011
The loan is legally enforceable.
Because interest was received till 20.09.2005, three years from this ends on 19.09.2008. You have presented the cheque on 11.03.2008.
So, the loan is legally recoverable. The cheque return will attract penal action u/s 138 of NI Act.
adv. rajeev ( rajoo )
(Expert) 20 September 2011
When there is an intimation regarding issuance of cheques are as security then it does not attract 138 of NI Act
prabhakar singh
(Expert) 20 September 2011
Yes Mr. rajeev ( rajoo )!you are correct that is why I preferred to know some more clarification of facts.
Arif Iqbal
(Expert) 20 September 2011
I agree with Mr Rajeev
Querist :
Anonymous
(Querist) 20 September 2011
DEAR PRABHAKAR SIR,
THE COMPLAINANT HAS MENTIONED IN HIS NOTICE THAT SOME PRE EXISTING DEBT IS THERE BUT DID NOT MENTION ABOUT THE WRITING DATED 15.3.2004. THE NOTICE WAS DULY REPLIED AND ALL THE FACTS OF WRITING DATED 15.3.2004 AND PAYMENT OF 150000/- HAVE BEEN TAKEN THERE IN IT.
SIR THE CHEQUE AMOUNT IS NOT 9500/- IT IS 95000/-
REGARDS
M/s. Y-not legal services
(Expert) 20 September 2011
If the complainant prefer to file a money suit for recovery of the debt mean arunagiri sir's limitation view can be usable. Otherwise the complainant loose his case as per the negotiable instruments act..
Raj Kumar Makkad
(Expert) 20 September 2011
There is no merit in the case. Even the recovery could not have been made when the cheque was presented. The date on the cheuqe was mentioned 15.03.2004 so no question arises either to file any suit for recovery or the present complaint.
Guest
(Expert) 20 September 2011
Complainant's case is sure to fail. Naturally, all the background facts would be considered, including how the complanant proves some past debt, before any judgment is issued by the Hon. Court.
Shastri J.K.
(Expert) 20 September 2011
I agree with mr.raj kumar makkad
