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?

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Quick Summary

This discussion addresses a complex legal situation where a bank has filed a cheque bounce complaint (NIA - 138) against an individual whose father had taken a loan. The individual wishes to prove that the cheque, issued by his deceased father, was held by the bank purely for security and not for immediate encashment. The conversation explores the possibility of using forensic reports to establish the age of the signature and discusses the legal standing of filing such a complaint against a deceased person.

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.