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Q. Cheque dishonor in mortgage loan

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Anonymous

posted 3 months ago

Q.Cheque dishonor in mortgage loan
Hello, I have taken a mortgage loan against a property a few years back from a mandali. I had given a blank cheque at the time of taking the loan. Recently, I have failed to pay the EMIs and they filled the full remaining amount in the cheque and deposited to the bank without any notice and it bounced. Now, they have filed two cases against me. 1 is on the default of the loan and they are going to auction the property and other is under Section 138 in The Negotiable Instruments Act of cheque dishonour. Now my question is, can they file the cases both ways? If I have already given my property documents to them which they can sell and get their money back, what is the point of cheque dishonour case? Is there any chance I can get rid of this cheque dishonour case?

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Shreyash Mohta

Experience: 1 Year(s)

Responded 3 months ago

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A. ) Yes they can file both cases.
Yes they can sell of the property [provided they give you notice of the same and also reasonable grace time to repay the debt and get back your property]
The point of the 138 NI Act is to again make you repay the money.
You can git rid by the above case in 2 ways

1. Repay the money
2. Go to high court under section 482 CrPc and file for quashing

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 3 months ago

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A. ) Dear Sir,
The only option for you to quash the cheque bounce cases proceedings by way of petition under Section 482 of Cr.P.C before the High Court.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 3 months ago

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A. ) The purpose of both the cases is to recover the moeny from you.
If they are able to recover the amount then they will withdraw the case including the cheque bounce case.

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Anonymous

Replied 3 months ago

Can they use the blank cheque like this?
I think the blank cheques are considered as a security cheque and 138 doesn't apply on this. Please correct me if I am wrong.

Thanks

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Abhimanyu Shandilya

Experience: 14 Year(s)

Replied 3 months ago

They can fill the amount and present for payment and then go for S 138 case.

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Anonymous

Replied 3 months ago

The cheque given was for security purpose in the beginning. They have deposited that cheque and mentioned that I have recently provided that cheque to repay the due. Can they misuse my cheque that way and file the case?

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 3 months ago

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A. ) U can challenge it in court or solve it peacefully

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