Upgrad LLM

cheque disonwner


I have borrowed loan from money lander(unregistered) and present him 5 cheques without name on cheques. All 5 cheques are disonwered  , before cheque disonwered i had place an application to bank about cheque book loss with presigned cheque , what is the result of this matter

 
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LAWYER

if ur sign thats cheques than u will be laible in 138 or 420 of i.p.c  ok 

 
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Advocate, Chennai

Will anyone sign the cheques beforehand? If someone tells you that a person has already signed the cheques without any particulars filled-in and lost them, will you believe the version? Certainly, you cannot escape from accusation simply because you have already tendered a letter to the bank manager informing him about lost of cheques. Non-filing of Police complaint, FIR, etc., etc., on your part will be the defence of other side.

 
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Advocate

Were all 5 cheques were presented to bank for payment, at a time?  - If they were presented one after another you had ample time to register a police complaint against the presenter of cheque if you really had lost them.  Did you do that?  Your oversmart ideas will only land you in more trouble. 

 
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Advocate Chennai. Formerly Civil Judge. Mobile.09444261613

When you admit that you have borrowed money,

Repay the money to the money lender and get back the cheques/settle the matter.

 
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Publishers

If you can prove that the person is a money lender and have no licence then the case u/s 138 is not maintainable as it is not a legal debt/ liability.

 
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advocate

IF MONEY LENDER HAVE NO VALID LICENCE  AND IF YOU PROOVED YOUR CHEQUE BOOK  HAVE LOSSED  THERE IS SOME CHANCE OF ACQUITAL. BUT QUESTION REMAIN WHY YOU HAVE SIGNED 5 CHEQUES.

IT IS BETTER TO  COMPERMISE THE MATTER WITHE MONEY LENDER.

 
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