Legal Question in Credit and Debt Law in India

Dear Sirs, Before two years I gave a blank check to my family friend for giving surety for getting a loan.

Before two months he came to us and told he is in some financial problem and he is need of 1 lack rupees.

But we told we don�t have that much money at that time, he told "You should give me the money otherwise I will send a notice against you; remember you gave me the blank check. I�ll produce it and I�ll give a legal notice."

And last week I got a legal notice from him. But it was not received by me; it was received by neighbor hood.

In that notice he mentioned that I was received money from him and gave the check for 1 lack rupees on last week.

But at that time I was in another state and in another place, I can even prove that with my company attendance system log.

Now some of the lawyers saying that no need to reply for anything bcoz it is not received by you. Is it a good idea?

If I do like that, he can again send another notice with valid possible reasons right? Is I�m right?

Also he can have a chance to file a complaint against me right?

I like to send a reply notice by stating that i was not available here at that time that you mentioned and im having proof for that and how i was a received money from you at that time? you are misusing my check, i can file a case against you"

-is this a good idea?

Please advise what I can do for that.


Asked on 11/16/09, 2:58 am

1 Answer from Attorneys

Seshadri Srinivasan www.lawconcern.com

You have to give a reply. If the notice states the same date when you actually gave him the blank cheque how will you prove that you did not meet him/ gave cheque?

Better to consult a lawyer and do issue a reply notice.

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Answered on 11/16/09, 9:27 am


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