VINOD PATIL (PARTNER) 15 March 2010

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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6 Replies

jatin sharma (LAWYER) 15 March 2010

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

(Guest)

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.

Gundlapallis (Advocate) 16 March 2010

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.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 17 March 2010

When you admit that you have borrowed money,

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

Sanjeev Kuchhal (Publishers) 17 March 2010

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.

Adinath@Avinash Patil (advocate) 23 March 2010

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.