Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Ajit Kumar   08 August 2022

Section 138

My friend has taken a loan and has submitted blank cheque as security. She couldn't close it and entered a settlement with the bank for 1.5 lakhs and gave 3 cheques of 50 thousand each. Out of the three cheques 2 were encashed by bank but my friend lost job in covid and couldn't pay the 3rd cheque. Now bank has submitted the first blank cheque for total amount and not 50 thousand and filed a case under section 138 of NI act. What should we do now.


 1 Replies

Advocate Bhartesh goyal (advocate)     08 August 2022

Fot filing complaint u/sec 138 of N.I.Act it is mandatory to serve notice u/sec 138 B of N.I.Act. Your friend might have received the said notice but he kept mum why did not he reply notice that cheque amount is not due and bank has misused the securiy cheque ? Now your friend  have to contest the case but your friend has good defence ( as narrated above ). Engage a local prudent lawyer and contest the case.

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