Summon Received Against Cheque Bounced Case
1 year ago
Hi , I booked a flat on Aug-2011 in Gaziabad and take the mortgage home loan from NBFC and NBFC paid the all home loan amount in favor of builder. Possession not given till yet which was given on Dec-2012 and stopped the construction. Still Possession not ready as till date and Builder absconding.. Builder office closed and not reachable. we paid the pre EMI till next 3 years after that we didn't pay the Pre EMI.. because i was not sure builder will give the Possession... Bank take blank cheque from me at the time of loan disbursement.... NBFC fill the cheque with whole amount without my consent..and cheque bounce.. and file the case against me.. i told to NBFC i will pay all EMI after getting the Possession or you can take property.. auction the property as per DRT oder. can bank present the security cheque? I got a notice from bank in 2014 and summon received now.
Kindly suggest, as my next hearing date is on 14th April 2023.
Yes, the bank can present the security cheque as it is pledged not for the present but for future.
Hope , it is helpful