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Amrut Patil (DM)     16 June 2010

Friendly loan Cheque bounce

Dear Friends,

Is sec-138 applicable in friendly loan case? where in the concerned person has given cheque to repay a friendly loan which has bounced?

The concerned person has given a note on stamp paper (which is not notarized) stating he has taken friendly loan of x amount from the complainant .


Can the complaint be maintained in the court.?

 

Thanks

Amrut



Learning

 23 Replies

N.K.Assumi (Advocate)     16 June 2010

It is not a gift but a loan though friendly loan as you call it, but loan is loan and now it is up to you either to make a friendly complaint or a complaint as per the NIA.

1 Like

L.Chandra Mohan Reddy (Advocate)     16 June 2010

loan is loan ones cheque is bounced its depend on the drawer to fole are not

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 June 2010

ur complaint under NI Act for cheque bounce is well maintainable.. U can call me for further details on 9871158578

1 Like

Anil Agrawal (Retired)     16 June 2010

When shall we learn?

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     17 June 2010

SAINATH DEVALLA

                               A loan is a term used for exchange of money,with a consideration that it will be repaid within a stipulated period of time. Generally some kind of security is obtained when money is given.In this case a cheque is given as a source of security.Once the cheque is bounced due to various reasons anyone can proceed u/s138 of NI Act.

1 Like

Martha Butala (Housewife)     18 June 2010

Cheque bouncing is a crime, whether friendly loan or not.  You have to file the

complaint as per the provisions of Section 138 of the Negotiable Instruments Act.

There is a procedure.  Please follow it to the T.

 

Martha Butala

1 Like

valentine (Advocate)     23 June 2010

I want to reiterate thousand times that judgements in u/s 138 are not always right. The basic principle is that when a person issues the cheque, he does so not for fun. Issuing cheques is a serious monetary binding and the court rightly presumes some purpose/intention behind issue of the cheque and based on that the person who has not adhered to the time limit of repayment deserves conviction.

I would like to emphasise that the judges have also the duty to find out the truth from the petition. It would be not legal and just if the judgement is passed by any judge without going into the facts and circumstances of the case. And hence your argument that litigants lose cases because of faulty petition hardly holds any water. Please stop the blame game to get cheap popularity.

1 Like

FUTURE LAWYER (future lawyer)     30 June 2010

hELLO mR.SKJ - ADVOCATE,

tHIS sharing and exchanign platfourm not your office and not your TV to advertis about you.

Give right feedback that it your buniess here do not try to give advetisment. 

1 Like

FUTURE LAWYER (future lawyer)     30 June 2010

My dear SKJ-ADVOCATE, do not forget that you were also not aware about court proceedings or procedures when you were studying the LAW, nobody will walk or open their EYS at the time of brith, please do not try to advise me. I know your advise only on logically basis, there will no legal wietage or sencicty in your feedback.

DO one thing come and teach is in our collage about law and let give answar to all my frindes questions, then I will act accoridng to your fancise, is it okay for your, have a gots. 

1 Like

Amrut Patil (DM)     30 June 2010

Dear All,

Thanks for your!!!!!Suggest knowledge can be shared ,also solicitation inform of knowledge sharing will allow to raise intellect of all who read it but otherwise rest will hold nuisance value?

I have a query which is unanswered, if a financial Institution has given Power of Attorney to an individual who is not an employee of the company for filing complaint u/s 138 of Negotiable Instrument Act .The

1.Can Financial Institution give POA to any person who is not an employee of that Company to file Complaint?

2. Is there any judgment which clearly states that it is not necessary for POA holder to be an employee of the Company.It can be any person approved by the Board of Director for file Complaint?

 

Thanks

Amrut

1 Like

FUTURE LAWYER (future lawyer)     30 June 2010

MOST WELCOME DEAR SENIOR ADVOCATE. FIRST OF ALL SHOW UR FACE THEN I WILL TAKE PERMISSION FORM MY COLLAGE TO TEACH US. BEACUSE I DONT WANT TO GUES OR MY FRINDS PENILZED LIKE ME.

FIRST THINK URSLEF HOW TO COME OUT FROM THE MASK, THEN ADVISE.

1 Like

JAGDISH LAL (Practising Advocate)     11 August 2010

You can file a criminal complaint under section 138 of the Negotiable Instrument Act.   It is immaterial whether the loan is a friendly loan or otherwise.  It is also immaterial whether the note given to you on stamp paper is notorised or not.   

Section 118 of N.I. Act  also helps you which contains certain legal presumptions in favour of the holder.  One of the presumption under section 118 is that the drawer issued the cheque with regard to his liability.

1 Like

JAGDISH LAL (Practising Advocate)     11 August 2010

Yes, you replied appropriately

1 Like

JAGDISH LAL (Practising Advocate)     11 August 2010

Any one who is fully aware about the facts and circumstances of the dealing whether an independent person also file complaint under section 138 of N.I. Act on the basis of power of Attorney.

1 Like

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