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Abhijit Chakraborty (Asst. Manager)     18 September 2012

138 ni act - cheque bounce.

Dear Sir's

I seek your help on the bellow matter.

I had taken an unsecured loan of Rs. 25K  from a private money lender in the month of November 2009 and in security I had given him one signed blank cheque and also signed on a blank Rs. 100/- non juditial stamp paper.

The money lender issued me the loan cheque of Rs. 25200/- which I had deposited in my bank account. I repaid that loan along with the interest on dec 2009. a cheque amounting Rs. 32000/- deposited in his account.


Now, He misused my cheque which I had given him for security. he filled 75000/- on that cheque and presented in my bank account. the cheque got bounced and he send a legal notice to me. I had also replied to that notice. mentioing all facts.

My question is can I file a case against him for misusing my cheque. ad also , my concern is that blank non juditial stamp paer is still with him...he can also misuse that..what should I do?

Please help.


Abhijit Chakraborty



 5 Replies

R Trivedi (advocate.dma@gmail.com)     19 September 2012

Settle it !!

kumar sachin (lawyer)     19 September 2012

you may file an information petiton before the CJM of your city


you may also file a title suit for declaration that the said cheque, blank paper, your subsequent payment all are for one and same transaction

discuss it with your local  lawyer who will brief you abot the procedures to be adopted


gud luck

kumar sachin (lawyer)     19 September 2012

gud luck

Hari Om Maheshwari (C.A.)     20 September 2012

Did U take any receipt of repayment/full and final settlement of your loan ?  If not why ? What is written in the notice about the cheque of Rs.75,000/- that was allegedly put in by him ?  What reply have you given to the ntocie ? Consult a good lawyer. If in Delhi, call me at 9810241687.



annonymous (na)     21 September 2012

 often money lenders     file  cases  to recover dues  . So probably you can  request  information from local court that weather your moneylender have  filed  cases  in past against other people ...... if he did it will automatically prove that he is lending money to strangers ... And according to law    money lender who does not hold license for lending cannont recover dues  using  138 ni act. 

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