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akash (N/A)     28 December 2014

Regarding blank cheque given for debting money

Hello all respected sir/madam,

 

My uncle has taken 1 lac amount as a debt from one of my neighbor. The neighbor has taken a blank cheque from my uncle as security. My uncle is unable to pay the debt on the promised time. So my query is that...What legal actions the neighbor can take against my uncle ? Will police trap my uncle in jail ? My uncle is government employ. IS there any chance that my uncle will loose his government job ? Please answer my all query, Urgent, I am so worried. Thanks in advance.



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 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 December 2014

Dear, Please call and discuss ..... Kapil chandna adv 9899011450

mahadeo bhandari (retired pensioner)     28 December 2014

Respected Sir,

I am a retired govt officer getting a monthly pension of 28000 rupees at resent retired in 2009 and all my money received at the time of retirement have been debitted such as loans obtained for the education and family purposes while during service upto a loan of 11 lack rupees and purchars an alto car for my sake and enjoyed the life.

Then suddenly after one year I wanted to take private loan from a known person who was drawing 10% loan from all such people a goonda type person  who gave me 2 lakh rupees for the marriage of my elder son whose marriage was on 22nd of May 2010. The myself and my wife both went to him in the first week of April 2010 and as per agreement gave two cheques each  and a bond paper all duly signed by me, my wife, and my elder son  and obtained two lakhs rupees from him with oral agreement only that I should pay him 15000 rupees as interest including the principal amount but later he said that it is only interest and no principal amount can be taken up ,per month and thus accorringly I was paying 15000 rupees every month upto Jan 2013 i.e. for 32 months i.e. 480000 rupees were paid by me without any break and later on I stopped giving him money telling him to return my all the six cheques and bonds because I wanted to marry my younger son in the month of May 2013 which took place as schedule and during this period also the lender,s daughter also got married during this period no exchange of words took place.

But prior to this date which he has put in his lawyers notice to me given on dt. 7.3.2013 stated by four different cases which I did not replied in which the lender has shown that he has bounced my blank  cheques one of my cheque for 10000 rupees from his own bank and one of Myrs, cheque for 10000 rupees from his own bank and other two notices were from his friends to whom he has given my another 2nd cheque which he did put amount of 150000 rupees dt. 18.2.13 and other cheque of my son he gave it to his another friend who did put amount of 150000 rupees dt. 19.2.13 and both of them bounced the cheques from their respective bank accounts.

Now, my sons 2nd cheque and one2nd  cheque of my Mrs and bonds must be available with the lender or with his friends. and all the above cases the contents given were that they have asked us to return the amount taken by them as follows

1. I obtained 10000 rupees from lender on 14/4/2012 and did not return  and in the same month on 22/4/12 my Mrs took 10000 rupees from him seperately from lender.and also  he stated that we have given him cheques to him on 18/02/13 both of us which is not correct as actually these cheques were given in the first week of April 2010 prior to the marriage of my elder Son.

2. One of his friend to whom the lender has given my second cheque stated that I obtained cash as hand loan from him for purchase of a plot in the same area where I live and I also purhcase the same on the cash given by him as amount of 150000 rupees on 6/05/2010 i.e. before the marriage of my elder Son  and for that he says I have given him the cheque on 18/2/2013 which he bounded it putting it in his own bank.

3. The same case is also with the first cheque of my elder son for which the other friend of the lender says that he has given 150000 rupees to my elder son who asked him to pay this amount on 2/06/2010  and he immediately gave him the amount though he is married on  22.5.2010 and to get back the amount from he he has obtained a cheque from my Son on 19/2/13 which he did put it in his own bank and bounced it.

Thus in the same month total 4 cheques have been stated to have been given by my family totallinjg to 320000 inr which is impossible  and the four cases are also been given to the same Laywer who is pleading the cases in the District court of Solapur.

Now one cheque  of my elder Son and other cheque of My Mrs is still available with th lender or his friend and three bonds are available 

Kindly intimate after going through it whether the cases will stand in the court.

Shall I put a seperate suite in the court to prosecute these three persons for misusing my cheques and trying to loot money from my family and myself. The lender who has a licence of lender has claimed only 20000 inr and others 300000 inr who have obtained my cheques from lender and tying to grab free money from me and in this the lender is also guilty of giving my cheques to his friends.

Kindly guide me in such case as to what will be my course of action in near future.

with regards,

mahadeo bhandari
 

 

stating that my Mrs has taken 10000 rupees on but told my lawyer who spoke to the lender  not to proceed with the law suit and that after married of my son the case will be settled amicable and if at all any amount is due to be given will be settled.  Thus everything was calm and no action was taken by him.


Attached File : 945347122 mahadeo.docx downloaded: 90 times

aarjun vhajage (Lawyer)     29 December 2014

Mr Akash: .What legal actions the neighbor can take against my uncle ?IF HE BOUNCED A CHEQUE, HE WILL FILE 138 UNDER NIA.  Will police trap my uncle in jail ? NOT NOW.  My uncle is government employ. IS there any chance that my uncle will loose his government job ? NO.


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