Section 138 Negotiable Instruments Act
2 years ago
I have taken 2 lakhs through bank transfer from one person 3 years back with a verbal comitment of paying him 4 lakhs on return. He took a blank cheque from me as security. Now as I called him to return his 4 lakhs, he is demanding 6 lakhs from me. He is threatening me of presenting my cheque in the bank and taking legal action against me. I have requested him by sending a letter to collect 4 lakhs but he is demanding for 6 lakhs. What to do? Can i come under section 138 NIA. Kindly help.
It can come under section 138 of the NI Act as the person is clear of taking legal actions against you. However, you need to understand when the 4 lakhs money was supposed to be returned as per the verbal commitment.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Dear Sir,
Yes, he may file 138 case and drag you to the Court and it is very difficult for you to establish your defence however you can drag on the matter for years together and ultimately he may be frustrated and may come to a compromise.
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