Relief required against 138
ACCUSED138
(Querist) 08 March 2011
This query is : Resolved
Respected All,
My younger brother has taken borrowings on high rate intt. @ 5% to 15% monthly and distributed cheque and non judicial stamps to them. He already paid more than principal amount to them against interest. But still pending theirs principal amount. Now he is unable to payment them.Please provide me some judgement, which are against the 138.
Regards
DG
M.Sheik Mohammed Ali
(Expert) 08 March 2011
you send the notice above said details, and then file a criminal case against them
Dayananda Gowda
(Expert) 08 March 2011
If your brother borrowed loan from money lender and interest is high, file a petition under exorbidant interest act
Ajay Bansal
(Expert) 08 March 2011
Call the record of Department of Income-Tax pertaining to the complainant side in evidence.This record would prove that your brother is under no liablity to give cheque amount to complainant side.
ACCUSED138
(Querist) 09 March 2011
Actually, my brother taken loan in cash. there is not record in books. All interest, installment were paid in cash also.
how can we verify that. coz he was issued mostly blank cheque to them.
ACCUSED138
(Querist) 10 March 2011
Respected Sh. Dayananda Gowda and Sh. Arungiriji.
Actually, my brother taken loan in cash. there is not record in books. All interest, installment were paid in cash also.
how can we verify that. coz he was issued mostly blank cheque to them.
Guest
(Expert) 10 March 2011
A case of extraordinarily heavy rate of interest that can make the amount more than double even between the period ranging from 7 months to 20 months! No law can allow such a high rate of interest.
BUT the question arises, on what account the cheque was delivered to the lender? Can he prove that any property or any other material was sold by him to your brother for which the amount became due to be paid by cheque? Your bother or his lawyer can raise this question. He must prove that.
Now since no record of borrowing or repayment exists, legally the lender won't have any claim. But, I can understand the trauma of your brother. He may perhaps be in tremendous pressure due to fear that the lender may deploy musclemen to recover the amount or get any property of your transferred forcibly in to his name.
So, the only remedy to the problem is get the matter formalised by writing a registered letter to the lender stating that your brother has already paid Rs......... against the loan of Rs.........., and request that he may intimate what more amount and at what rate of interest he should pay any more amount.
Hope, he won't reply that notice type request. If no reply is received just post one reminder and keep silent. BUT, if he uses any force to torture your brother or the family members, your brother may have to take the help of the police or the higher authorities of police, if the local police tries to favor the lender.
Hope this solution may provide some relief to you and your brother.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 March 2011
Let the lender given notice and even file case , you will have solid defense in court and all such cases will be dismissed.
Pl do not venture in advance since it will be sufficient to prove guilt.
In a recent Judgement the Bombay HC is said may be lender is liable for action under IT act but it does not absolve the debtor from liability.
ACCUSED138
(Querist) 17 March 2011
Respected all,
please provide me the Bombay HC judgement details.
How can my brother get relief from 138 cases, which still pending to noticed. How can he camplain against them for blank cheque, blank stamps.
And one of them, make an agreement on blank stamp for agreement against his plot and give a notice in local news paper, what can he do for it.
My advocate advice me that he will file a petition for insovency. Is he get relief in this.
ACCUSED138
(Querist) 24 March 2011
Respected all,
please advice me.
How can my brother camplain against them for blank cheque, blank stamps.
And one of them, make an agreement on blank stamp for agreement against his plot and give a notice in local news paper, what can he do for it.
My advocate advice me that he will file a petition for insovency. Is he get relief in this.
ACCUSED138
(Querist) 07 January 2016
Respected all
Kindly advice that in above matter. These cheques were issued before 5 years. Some cases are pending in court due to notice were not tamil.
And some cheque has not been filed still now.
Some lender were have money landing licence also.
