Cheque dishonor in mortgage loan
4 years ago
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?
Shreyash Mohta
Responded 4 years ago
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
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.
If they are able to recover the amount then they will withdraw the case including the cheque bounce case.
Anonymous
Replied 4 years 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
Abhimanyu Shandilya
Replied 4 years ago
They can fill the amount and present for payment and then go for S 138 case.
Anonymous
Replied 4 years 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?
Rameshwar Dadhe
Responded 4 years ago
the judiciary system
cheque bounce case
Cheque bounce case
138ni act
Cheque Bounce - Recalling Arrest warrant without me or my advocate by the Judge
