Cheque dishonour possible legal remedy
2 years ago
My father took cash loan from a person and in lieu gave him stamp paper and blank cheques. My father is returning money through cash and also online. Now there are some misunderstandings between both parties and my father fears that he will misuse the cheques. Do we have a legal remedy before any probable misuse of cheques? Kindly guide please.
A.Dear Sir,
You may approach police and get back such cheques since there are several instances in the past that many people misusing such cheques and definitely it will be ended in conviction.
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You may approach police and get back such cheques since there are several instances in the past that many people misusing such cheques and definitely it will be ended in conviction.
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Koslesh Kumar
Responded 2 years ago
A.File a report in consert police station for the forgery by liable person and cheat your father and FIR lodged under section 420,406,467,468,471 indian penal code. And doing arrest him by police and give the evidence for return money by your father.
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Sidhaarth
Responded 2 years ago
A.Yes, your father can demand in writing the blank signed paper and his cheques back on the ground of payment already made by your father to stated person.if person does not comply then your father should get issued legal notice and should also report the matter to police.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
You could cancel the payment through cheques provided if your father fears that the he would misuse thhe cheque. For that you could contact the branch and cancel those cheques or either do it online through their platform.
Thanks.
You could cancel the payment through cheques provided if your father fears that the he would misuse thhe cheque. For that you could contact the branch and cancel those cheques or either do it online through their platform.
Thanks.
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A.Hello
Banks instruct following modes of requesting for stop payment of cheque and contact such an issue:
1. The account holder can place an online request to the bank.
2. The account holder can make a call to the customer service helpline number.
3. The account holder can visit personally to the branch office and give a written request.
Thanks.
Banks instruct following modes of requesting for stop payment of cheque and contact such an issue:
1. The account holder can place an online request to the bank.
2. The account holder can make a call to the customer service helpline number.
3. The account holder can visit personally to the branch office and give a written request.
Thanks.
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A.Yes. You have the right to return the money as per terms agreed. At the time of returning you also must ask for return of the cheques that were initially given. In the event the same is not complied with, you may lodge appropriate petition/ proceeding before the respective Court as well.
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Vaidehi Samant
Responded 2 years ago
A.If you have sufficient funds in your account than such misuse is not possible. Best option is close such account if you can. And even if such cheque bounces there's no reason to worry as maximum a section138 of NI Act will come into effect which is criminal matter but normally no imprisonment happens till such case is proven so will get time to represent yourself and also if you are making such payment later than such case doesn't stand. Secondly to establish case under Section 138 a person is required to prove that you were liable to make payment which if you actually are than just make payment and get done with the case and if you are not liable than such case doesn't stand. Thank you.
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