Legal Question in Banking Law in India

my cheques get bounced

Hi,

I had deposit 7 blank cheques as a security for taking personal loan to loan agent of a bank. He took 7 instead of 6 cheque from me. He placed it for clearence on my account without my notice for 1 lac rupees. This cheque got bounced from my account without my knowledge. He again place the cheque after 2 days which got bounced again.

Now the person is blackmailing me and threatning for legal action what action can he take and what should i do to save myself from any panelty.


Asked on 6/26/07, 2:04 am

4 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: my cheques get bounced

cheque bounce cases are in the favour of the complainant if you dont have any solid defence.

it seems u have some defence so fight it out. i would advice to retalliate

For further and detailed advice please contact personally. Consultation charges will apply.

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Answered on 7/01/07, 1:54 pm
kavitha balakrishnan kpp associates

Re: my cheques get bounced

inform the bank that you gave you the personal loan and the details of the facts! and also inform the bank to stop payment in case he misuses the any other cheque... cause a legal notice to the bank informing that they are also indirectly liable for the acts of their employee! and give a criminal complaint to the nearest police station .. get him right away... incase he files a cheque bounce case keep all the papers intact and file in the court and prove your case... that you had no liability to pay the person and that he had cheated you! Police -the economic offence wing is on the look out for such persons who are misusing the credit cards, cheques etc, contact a lawyer immediately!

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Answered on 6/26/07, 2:13 am
ANILKUMAR KAPPILLIL THE LAWYERS' SYNDICATE

Re: my cheques get bounced

Once you issue your cheques you are bound to honour it. There is a legal presumption that you have issued the cheques for valuable consideration. If the cheques you issued are bounced, he can very well sue you for offence under Section 138 of NI Act.

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Answered on 6/27/07, 10:17 am
rajeshwar sharma rajeshwarnathsharma

Re: my cheques get bounced

The questionis why you have issued 7 cheques instead of 6 and in case if he has cheated you than you must have complain to the police in this regard and in absence thereof you are legally bound to make the payment

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Answered on 6/26/07, 6:46 am


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