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VIBHORE (MAMAGER)     09 August 2011

Cheque bouncing

my uncle has taken a vehicle loan from a finance company in 2001 he paid some EMI'S thn stopped the payment due to some financial issues the vehicle was seized by the finance company in 2005 now after 6 years the company has filed a suit for cheque bouncing by presenting his blank cheques he has received a summon from court please suggest suitable remedy



Learning

 12 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 August 2011

When the chque was issued.  If these cheques were issued at the time of obtaining a loan then such cheques cannot be used now.

Your uncle has to prove that those cheques were issued as a security but not for payment of debt.

NARENDERA CHUGH (ADVOCATE)     09 August 2011

HP vehicle seized karne ke bad finance company  cheque use karke apke virudh 138NI Act me complaint file nahi kar sakti hai .Hire Purchase me sabhi EMI payment hone ke bad hi Ownership transfer hoti hai .vahicle recovery ke bad kisi bhee prakar ka balance recover nahi kiya ja sakta hai.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 August 2011

If case is filed summons are issued than you have to appear and contest it.

ajay sethi (lawyer)     09 August 2011

blank cheque is no cheque . if deatils have been filled in by the company as to say amount , date , name etc complaint will be ulimtaely dismissed

NARENDERA CHUGH (ADVOCATE)     09 August 2011

aap is complaint ke againest "nigrani yachika" (revision)   session judge  ke file kare .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 August 2011

No revision before trial is allowed or admitted.

Ann (IT Engineer)     09 August 2011

Sir, i need a legal Opinion from you regarding a case which is filed against one of my friend under NI act for cheque bounce. Let me brief the case. Actually one of my friend borrowed a sum of 1 lak from a private finance since she was very badly in need of money for her personal work. so he borrowed the amount @ Rs.1000 as interest per day from a guy. so she had to pay Rs. 1000 every day as interest , she some how managed it to pay the interest and at the end of the month she payed 30k towards interest. she payed Rs. 60 thousand towards the interest for 2 months and 30 k each month and atlast she could not continue paying this and the interest has gone high. at the time, when borrowig money they got a promisary note and a check from her for 1 lak rupees. due to crisis, she could not pay back the principal and the interest since the interest has increased to a high amount. during that time she had to travel abroad since she got a job, Now 2 months back, her relatives called up her telling that she got a legal notice from this people through local police, claiming for 1 lak. due to her absence, she could not appear for the hearing. Now she s not aware of the status of that case , since she s not in the town. Now she have to travel to india for an emergency purpose and she had decided to settle the amount(1lac) through an advocate after reaching the place. Now i would like to know , whetherwill she be cought in the airport while returning back as she s a girl, i would like to get a legal opinion from you. Kindly advice.

prasanta kumar parida (sr. consultant)     10 August 2011

IT IS THE RESPONSIBILITY OF A PERSON NOT TO SIGN A CHEQUE  WITHOUT VERIFYING THE BALANCE AMOUNT IN HIS ACCOUNT. BUT IF IN YOUR CASE AFTER SEIZURE AND SALE OF THE VEHICLE, THE OUTSTANDING DUES ARE ADUJUSTED AND A LETTER TO THAT EFFECT IS ISSUED THEN, THERE IS NOTHING TO BE WORRIED ,BECAUISE THE FINANCIAL INSTITUTION IS DUTY BOUND TO PROVE ITS CASE BEYOND REASONABLE DOUBT THAT, THE CHEQUE WAS ISSUED AGAINST A LEGALLY ENFORCEABLE DEBT OR LIABILITY. IF THE COMPLAINANT FAILS TO PROVE IT'S CASE THEN  THERE WILL BE A JUDGMENT OF ACQUITTAL IF NOT IN TRIAL COURT BUT AT LAST IN THE SUPREME COURT.THE SECOND WAY OPEN TO YOU IS THAT, AS THE OFFENCE U/S138 N.I.ACT, IS COMPOUNDABLE, YOU CAN DEPOSIT THE CHEQUE AMOUNT IN THE CONCERNED COURT, WHEREAFTER THE CASE WILL BE CLOSED ON THE BASIS OF COMPROMISE. IF YOU CAN SEND THE SCANNED COPIES OF COMPLAINT PETITION & THE RELEVANT DOCUMENTS AVAILABLE WITH YOU, TO MY Mail id. lawline2011@hotmail.com, I WILL BE IN A BETTER POISITION TO GUIDE YOU /YOUR ADVOCATE.

THANKACHAN V P (Advocate & Notary)     10 August 2011

1.Dear Ann your friend need not worry about the case. It is not serious offense for the police to arrest your friend at the police station. Kindly verify the exact position from the concerned court.. 

2.Since your friend has decided to settle the case ,she can  settle the matter even without  appearing before the court. Kindly engage a lawyer of your area and instruct him to contact with the lawyer who is appearing for the complainant. If the complainant is amenable for the cheque amount plus 10 to 15 % cost ,then clear it and  see the case is withdrawn.

3. If complainant demands houge amount,then represent matter before the court through counsel and instruct your advocate file petition u/s 205 crpc to dispense with your personal appearance.


 

 

prasanta kumar parida (sr. consultant)     11 August 2011

PLZ. DO NOT ADVISE THAT, NOTHING TO BE WORRIED AS POLICE IS NOT GOING TO ARREST.OFFENCE U/S138 N.I Act is a white collar offence. even one day sentence is enough for a heart atytack, because these offenders are not hard core offenders to sustain any punishment. "THE PERSON WHO HAS ISSUED A CHEQUE IS EXPECTED TO PROVE BEFORE THE COMPETENT COURT OF LAW THAT, HE IS INNOCENT AND THE CHEQUE WAS NOT ISSUED TO DISCHARGE ANY LEGALLY ENFORCEABLE DEBT OR LIABILITY TO REBUTYT THE PRESUMPTION U/S 139 N.I.ACT, OF COURSE THE SAID BURDEN TO PROVE THE CONTRARY IS NOT LIKE THE BURDEN ON PROSECUTION WHO IS EXPECTED TO PROVE HIS ALLRGATIONS BEYOND REASONABLE DOUBT".

THANKACHAN V P (Advocate & Notary)     11 August 2011

Dear Prasant Kumar you have every right to disagree with me . But in the above the case the client wanted  to settle matter with the complianant ."  A person wants  to settle the matter, need not prove his innosence berefore the court" .Therefore I advised Ann not worry about the case. I may the repeat the same advise in such cases.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 August 2011

settlement can not be at the wish of accused , yes there is provision of compounding if both parties are willing otherwise not.


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