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civil suit
5 months ago
i take loan of 10lakhs to my relative in 2016 through bank transfer i gave 4 bland promicery notes and 4 cheques. after 8years he sent legal notice on me on 1/08/23 i take loan in 2022 14 lakhs by cash. and i issued cheque in 1/08/23 for 8lakhs .its timebarred morethan 8years and i have 8years back he sents 10lakhs through bank statement and recording of 8years of debt he tells to me . but he is not has a proof of 14lakhs giving proof the complainant has only filled promicery notes and cheques sir what happend the case after proceedings please tell briefly
A.Dear Sir,
If cases related to bounced cheques are filed against you, it is advisable to approach the High Court to seek their quashing. Similarly, in the event of a civil case filed for the recovery of the amount, you can submit an application under Order 7 Rule 11 of the Code of Civil Procedure, citing the debt as time-barred.
If cases related to bounced cheques are filed against you, it is advisable to approach the High Court to seek their quashing. Similarly, in the event of a civil case filed for the recovery of the amount, you can submit an application under Order 7 Rule 11 of the Code of Civil Procedure, citing the debt as time-barred.
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A.Dear Sir,
If cheque bounce cases are filed you may go to High Court and get it quashed. In case of civil case is filed for recovery of amount you may file application under Order 7 Rule 11 of CPC as it is time barred debt.
If cheque bounce cases are filed you may go to High Court and get it quashed. In case of civil case is filed for recovery of amount you may file application under Order 7 Rule 11 of CPC as it is time barred debt.
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A.Dear Client,
When a person issues a blank cheque or promissory note as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. The Supreme Court in the case of Sripati Singh v. State of Jharkhand, 2021 SCC OnLine SC 1002, decided on 28.10.2021, held that a cheque issued as security pursuant to a financial transaction cannot be considered a worthless piece of paper under every circumstance and that there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. If in a transaction, a loan is advanced and the borrower agrees to repay the amount in a specified timeframe and issues a cheque as security to secure such repayment; if the loan amount is not repaid in any other form before the due date or if there is no other understanding or agreement between the parties to defer the payment of amount, the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the cheque is dishonored, the consequences contemplated under Section 138 and the other provisions of the N.I. Act would flow. Thus, a security cheque issued for the repayment of a loan would be mature for presentation upon the default of repayment of a loan and upon dishonor of such a security cheque, the same would lie under the ambit of Section 138 of the Act. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day time to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. So, in view of the aforesaid averments of Apex Court, you need to consult with an Advocate for guidance and steps. In case you need our expert service in this regard, you may contact our legal team with the details of the case.
When a person issues a blank cheque or promissory note as security against a loan and in the absence of any agreement, the cheque receiver or lender holding the said cheque is free to present the same for encashment on any date by putting a date and amount on the cheque and if the cheque is dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. The Supreme Court in the case of Sripati Singh v. State of Jharkhand, 2021 SCC OnLine SC 1002, decided on 28.10.2021, held that a cheque issued as security pursuant to a financial transaction cannot be considered a worthless piece of paper under every circumstance and that there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. If in a transaction, a loan is advanced and the borrower agrees to repay the amount in a specified timeframe and issues a cheque as security to secure such repayment; if the loan amount is not repaid in any other form before the due date or if there is no other understanding or agreement between the parties to defer the payment of amount, the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the cheque is dishonored, the consequences contemplated under Section 138 and the other provisions of the N.I. Act would flow. Thus, a security cheque issued for the repayment of a loan would be mature for presentation upon the default of repayment of a loan and upon dishonor of such a security cheque, the same would lie under the ambit of Section 138 of the Act. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. The notice here specifies a 15-day time to repay the debt amount. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. A blank cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and the drawer of the cheque will be held accused under Sec. 138 of N I Act, 1938. So, in view of the aforesaid averments of Apex Court, you need to consult with an Advocate for guidance and steps. In case you need our expert service in this regard, you may contact our legal team with the details of the case.
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