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suresh (properitor)     24 January 2016



we have taken 15 lakhs from one person , that to in parts and after 1 year he had taken promisory note and cheque leves from us. with calculated intrested and made it total 27 Lakhs , we have given him blank chequs and blank promisory note with complete trust. as the time is going on we were not able pay the amount to him, so we thought of saleing our property to clear this amount and we have requested him as whole lumse we will pay him 32 lakhs after saleing our property, he denied and saying he need some were around 46 lakhs, we have not agreed and said we can't pay u that much. he said he processed legaly aginst us , we also said yes u can processed . he also written in our dairy that he had taken promisory(10) notes and 10 Cheques with cheque numbers and signed by him,

now he sperated promisory notes and cheques , he dad gone civil court with promisory notes and brought attachement for property which we thought to sale and clear this dues , the court had passed  orders not sale the property untill the suit is clear. and cheques he had given to this relatives they have presented in 2 difeerent places of each with 5 cheqes , in that cheques we have writtent only amount and signed on it with no names . so he had wriiten this relatives names on it and presented , mean while we have also closed our account, after dishoner of this cheques the bank as given "the Account is Closed" in their dishoner statement.  he had given us legal notice saying that with in 15 days pay the amount, or esle we will processed legaly aginst u 138 negtoable act, we have repled to that notice saying we have not issued any cheques to the person who have issued a legal notice and realy not even seen their face nor did any transcation with them. after that he had filed a case against us, please guide me i don't have a capacity to hire a lawyer, how to do cross examination in pw1 and pw2 , on what base i should go


 3 Replies


do you have agreement stating how much money you have taken as loan and interest rates thereon and how much you have paid in cheque and how much in p note ? if yes, show that agreement to the court and say exactly how much is due.


if you don't have such agreement, declare yourself as insolvant in the court. that will reduce the amount you have to pay.  and besides this frame that man in fake criminal charges to keep him busy.

DAULAT DILBAUG (Problems related to money marriage matters.-dostnaye@gmail.com)     24 January 2016

Cheque bounce section 138 cases are criminal cases and result is conviction  if case is proved so in such matters incolvancy will not help.


You matter is complicated and will need expert advocate who had handled similar matters.

suresh (properitor)     24 January 2016

Originally posted by : arix
 yes he had written by his own hand wrtting and signed in our diary that he has taken promisory note and cheques, but not mentioned any money and intrest rates on that, we have not paid him anything throught cheques nor p note

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