Cheque issue - I have given a blank cheque to someone
9 months ago
I have given a blank cheque to someone by mistake and so that i cancelled my cheque with the help of yono sbi..two days after the cheque cancelled the person submitted my cheque in the bank. The cheque has been dishonoured. But the person has now send me a legal notice and in the notice it says that i have borrowed 100000 from him and as a security i have paid him the cheque. What should i do? I met his lawyer and now he says i need to pay atleast 30000 to withdraw this case. What should i do?
A.Dear client,
Blank checks issued by default are dishonoured based on the drawer's stop payment advise, thus they cannot be used as the basis for a case under Section 138 of the National Industrial Act of 1938. Additionally, no legal action shall be permitted in the absence of a formal loan agreement or other documentation proving the exchange of funds between the borrower and the lender. Therefore, when you met with the lawyer for the so-called lender, he suggested that you settle the demand for Rs. 30,000 rather than Rs. 1,000,000. It appears that there were ulterior reasons behind the legal notification that was sent to you. In order to address the situation, you should speak with an advocate for service of counter legal notice.
Blank checks issued by default are dishonoured based on the drawer's stop payment advise, thus they cannot be used as the basis for a case under Section 138 of the National Industrial Act of 1938. Additionally, no legal action shall be permitted in the absence of a formal loan agreement or other documentation proving the exchange of funds between the borrower and the lender. Therefore, when you met with the lawyer for the so-called lender, he suggested that you settle the demand for Rs. 30,000 rather than Rs. 1,000,000. It appears that there were ulterior reasons behind the legal notification that was sent to you. In order to address the situation, you should speak with an advocate for service of counter legal notice.
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A.Hi client,
Immediately reply to the legal notice by contacting an advocate. If you do not wish to go to the courts and settle out of court you can opt for the same. 30,000 for a case to be withdrawn is arbitrarily decided by your other side. Contest the case if you have enough evidences to show that the cheque was issued mistakenly.
Thanks and Regards
Immediately reply to the legal notice by contacting an advocate. If you do not wish to go to the courts and settle out of court you can opt for the same. 30,000 for a case to be withdrawn is arbitrarily decided by your other side. Contest the case if you have enough evidences to show that the cheque was issued mistakenly.
Thanks and Regards
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A.Dear Client,
Blank Cheque issued by default is dishonored on the stop payment advice of the Drawer of the Cheque, so it cannot be treated as the ground of a case under Sec.138 of N I Act, 1938. Moreover, in the absence of any written loan agreement or documentary proof supporting the transaction of money held between the Borrower and the Lender, no litigation shall stand. So, when you met the Lawyer of the so-called Lender, he offered you for settlement of demand for Rs.30,000/ instead of 1.00.000/-. Thus, it transpires that the legal notice was issued to you with ulterior motives. So, you need to consult with an Advocate for service of counter legal notice on the subject to resolve the matter. If the blank cheque is issued by default which was stopped by you later on detection of your default, let the lender litigate the matter so that it is disposed of on contest and merit.
Blank Cheque issued by default is dishonored on the stop payment advice of the Drawer of the Cheque, so it cannot be treated as the ground of a case under Sec.138 of N I Act, 1938. Moreover, in the absence of any written loan agreement or documentary proof supporting the transaction of money held between the Borrower and the Lender, no litigation shall stand. So, when you met the Lawyer of the so-called Lender, he offered you for settlement of demand for Rs.30,000/ instead of 1.00.000/-. Thus, it transpires that the legal notice was issued to you with ulterior motives. So, you need to consult with an Advocate for service of counter legal notice on the subject to resolve the matter. If the blank cheque is issued by default which was stopped by you later on detection of your default, let the lender litigate the matter so that it is disposed of on contest and merit.
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