Legal Question in Criminal Law in India

u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

A loan of rs. 100000/- repayable by 12 instalments post dated cheque of rs.9750/- each with a cheque of guarantor Rs. 50000/- in case instalments were not paid within time with a guarantee agreement of rs. 100000/- was disbursed. six out of twelve cheque were paid , but remaning 6 were not paid so two cases u/s 138 NI Act one for rs. 9750/- and another for rs. 48250/- was started against the borrower. Afterwards a regt notice dt 26.12.2005 invoking guarantee to pay rs. 64903/-(including interest upto 10.12.2005) was issued to guarantor telling him either you should pay the amount within 15 days or your cheque will be encashed as per your promise and u should pay remaining rs. 14903/- in cash or by cheque to avoid any legal action.But not answered. on presenting guarantor cheque, it was also dishonoured so a case for this cheque was also lodged against guarantor u/s 138 NI Act. Whether a case of Rs. 50000/- against guarantor u/s 138 NI Act can be dismissed only on the ground that there was already two cases u/s 138 pending against borrower for the said loan for rs. 57000/- so there is no legal enforceable debt on the date of presentation of cheque of guarantor.


Asked on 3/19/08, 8:49 am

7 Answers from Attorneys
Vivek Mapara Vivek N. Mapara

Re: u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

You have been aptly advised on earlier occassion, kindly do not repeat your question. Unfortunately other attorney instead of rejecting your question has replied you.

What we have advised you earlier, is on the basis of law, and information about the facts given by you. Now if you want to take course of action, then you have to contact us personally with all the case papers.

So kindly do not rewrite the question.

However you can contact in person, for deciding course of action.

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Answered on 3/20/08, 4:28 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

Already replied

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Answered on 3/20/08, 8:38 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

Already replied.

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Answered on 3/20/08, 10:31 am

Re: u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

I have already replied to this query.contact with details,professional charges are applicable.

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Answered on 3/19/08, 8:44 pm

Re: u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

I have already replied to this query.contact with details,professional charges are applicable.

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Answered on 3/19/08, 8:44 pm

Re: u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

I have already replied to this query.contact with details,professional charges are applicable.

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Answered on 3/19/08, 8:44 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: u/s 138 NI Act agst guarantor pending two cases agst borrower u/s 138

Upon full satisfaction of liability by borrower, there won't be any enforceable debt.

Return/Dishonour of cheque of borrower does not amount to satisfaction.

Therefore, proceedings U/s.138 NI against both borrower and guarantor are maintainable.

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Answered on 3/20/08, 2:47 am


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