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Q. I am not Borrower but Lender filing case against me

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Sachin Mishra

posted 10 months ago

Q.I am not Borrower but Lender filing case against me
Lender(1st party) gives loan to Borrower (2nd party) via a cheque which deposited in my account and I gived security cheque to lender as per agreement but as it is mentioned in the agreement that if security cheque will get bounced then Borrower will be responsible for that
But still lender filing case against me under section 138 of NIA and 420 of IPC
I am student preparing for government job and not enough rich so how this case will effect my carrier and what should I do

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 9 months ago

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A. ) Dear Client,
If there is writing agreementthat you will not be held liable for post dated cheque then in that condition court may release you from such liability, and you shall not be held liable by court.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 10 months ago

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A. ) Sir,
You can approach the HC and quash such a case u/s 482 of Cr.P.C

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Sandeep Pingale

Experience: 13 Year(s)

Responded 10 months ago

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A. ) You shall be held liable for giving surety cheque.But if it is given by writing post dated cheque then you shall not be held liable.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 10 months ago

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A. ) Dear Sir,
You may challenge such proceedings before High Court under Section 482 of Cr.P.C and get quashed.

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