negotiable instruments act
MOHAN ILAYARAJA
(Querist) 27 October 2010
This query is : Resolved
sir,
my client had borrowed Rs.50,000/- for interest and executed two blank promissory note along with two blank cheques for security now he has settled the entire sum along with interest and got receipt only that he had paid Rs. 70,000/- without mentioning the purpose. While so the opposite party is not returning the pro-note and cheques and dragging the same. what is the legal remedy available for my client. mohan_adv@yahoo.co.in
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 October 2010
Legally nothing, but he can harass you first by presenting cheque than sending notice and even filing case.
You have a valid defense and can even file counter complaint of extortion and more.
Arvind Singh Chauhan
(Expert) 27 October 2010
If he has really paid 70000/- for the borrowed amount. Your client need not to worry. You will show the receipt and if that fellow denies that it was not borrowed money, burden shift on him.He would have to prove that that amount was paid for another purpose than borrowed money.
SANJAY GUPTA
(Expert) 27 October 2010
you can not prove that your client paid Rs. 70000/- against the total borrowed amount if it is not mentioned in your money receipt. it will be better to save your client issue a notice to the otherside stating all the facts and call to return the said two pronotes along with two security cheques issued to him. It will benefit you if he didnt return your cheque and file case against you.
niranjan
(Expert) 27 October 2010
Two blank promissory notes and two blank cheques will invite many consequences and can be misused. I agree with learned Sanjayji.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 October 2010
Yes but you can rebutt the claim. The complainant has to prove a legal liability which is defficult is such cases.
SC has said in no of cases that benefit of doubt is always for accused so even if you can raise any theory to create doubt the complaint will be dismissed.
ask for exact citation when case is filed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 October 2010
follwing are some opinion of SC;
The presumption of innocence is a human right. [See Narender Singh
& Anr. v. State of M.P. (2004) 10 SCC 699, Ranjitsing Brahmajeetsing
Sharma v. State of Maharashtra and Anr. (2005) 5 SCC 294 and Rajesh
Ranjan Yadav @ Pappu Yadav v. CBI through its Director (2007) 1 SCC
70] Article 6(2) of he European Convention on Human Rights provides :
\023Everyone charged with a criminal offence shall be presumed innocent until
proved guilty according to law\024.
Advocate. Arunagiri
(Expert) 29 October 2010
Those blank documents will invite problems. Send a notice to the holder of the blank documents, to return those documents as the account is settled. Wait and see what is happening.
Sri Vijayan.A
(Expert) 29 October 2010
Blank pronotes and blank cheques shall definitely bring problems, if the other party's intention is not good.
So send notice asking him to return the cheques and notes.
Before sending the notice, advise ur client to have negotiations with other party to settle the dispute, if it doesnt work then send notice
