Legal Question in Banking Law in

Banking � 0Posted 23 hour(s) ago

query about cheque dishonour

Sir

with regard to cheque dishonour I have few queries--:

I gave two cheques to a person with whom we had financial dealings.He used to give us acc. payee cheques and in return we used to pay back by acc. payee cheques which were all cleared.But He also used to finace us in cash (for which there was nothing in written) and we used to give him cheques (name-- blank.)just as security.We do not owe him anything but this man who was in possession of 2 cheques , gave one to his distant relative in jabalpur and the other in patiala (We do not even know those people.).cheques were issued at delhi branch.Cheques were of the cheque-book of 2004, and they used it in 2007.please advise me--

1.Do the cases filed by them in jabalpur and patiala , fall in the respective jurisdictions?

2.Does it nod stand invalid due to--LEGALLY ENFORCEABE LAIBILITY.?

3.What is LEGALLY ENFORECEABLE LIABILITY?

4.They filed the case saying that it was a friendly loan.I think only money lenders with the licence to lend money can give loans.Is it not against such people who are doing this trade without a licence?

5.Does friendly loan have any legally enforceable laibility?

6.I think there cannot be any friendly loan in CASH,if it is above Rs.20,000/-,Am I right or not?


Asked on 8/20/10, 1:31 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may have to file a transfer petition in the Supreme Court of Delhi for getting both the cases transferred to Delhi and till your petition is not decided, you may have to seek the stay of proceedings in both the courts by intervention of SC.

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Answered on 8/20/10, 1:58 am


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