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138 of ni act

Querist : Anonymous (Querist) 11 November 2010 This query is : Resolved 
bank recovered vehicle thereafter the bank claim any further amount through post dated cheques
Devajyoti Barman (Expert) 11 November 2010
The bank can nevertheless file case u/s 138 NI Act but the accused can rebut such claim at the time of hearing if the recovered vehicle is valuable enough to off set the arrears amount.
ashish lal (Expert) 11 November 2010
Bank is going to recover some amount of loan by selling/auctioning the vehicle. The balance amount you need to pay.
s.subramanian (Expert) 12 November 2010
yes.
Advocate. Arunagiri (Expert) 12 November 2010
The bank is having every right to use the cheque, if you have to pay the balance, after the sale of the vehicle. If there is any excess in the sale proceedings, the bank will refund.


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