Civil Procedure Code (CPC)

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vivek hariyani   20 February 2021

Prove in court that cheque use as security purpose

Dear Sirs,

 

I am vivek hariyani. My father was taken loan of Rs. 10 Lakhs and I paid around 70% of loan amount. My father was died in 2018. Now I suffered by financial crisis due to covid-19. Bank Account bacame NPA. They have file cheque returned complaint against me of Rs. 3,30,000. I want to prove that in the court that they have kept cheque for security purpose. Cheque issued by my father at that time. now my father died and they filed NIA - 138 complaint against me.

I want to know that how prove that Cheque was kept by bank for their security purpose. Can I prove by Forensic report of cheque ? By forensic report can we know that how much time signature was old?



 2 Replies

Advocate Bhartesh goyal (advocate)     20 February 2021

Bank can not initiate proceedings u/sec 138 of N.I.Act against you as cheque was signed and issued by your father who took loan and your father is now no more . Proceeding u/sec 138 of N.I.Act against dead person can not be initiated .If cheque was signed and issued by you than bank could initiate sec 138 proceedings against you else not.

Aman Oberoi   24 February 2021

Hello Sir,

we need to fight the case


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