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Ravi Kumar

Posted 5 months ago

Dear Sir, My relative took tractor loan and given blank cheques. Due to non payment after 3 months it was recovered by finance agency. They sold it on auction. After deducting the amount received from auction, my relative is still due for Rs. 1,36,000. Finance agency had filled the blank cheque for the remaining amount. And filed case for cheque bounce. My relative had taken loan at Medak, Telangana and his bank account is in Hyderabad, Bank of India. But the case was filed in West Bengal, since the finance agency registered Office is at West Bengal. Finance agency offered for settlement for Rs. 60,000. They tell to first pay the amount and later they will give NOC certificate. If they don't give NOC after payment of RS. 60,000 what can we do? Please advise what precautions we have to take before payment? Please let me know case status " E/R of warrant"? What it means? Please advise
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A. first warrant needs to be recalled and bail application needs to be filed. Thereafter enter into a settlement with the bank. You can contact me immediately with all details as I am practicing advocate from Kolkata (WB).
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Ravi Kumar

Posted 5 months ago

Dear Sir, One of our relative taken loan on tractor 3years ago. Due to non payment of loan for three months, tractor was taken by finance team i.e. 32 months back. They have sold it. And For the remaining RS. 1,34,000 they have filed case for check bounce. They took many blank cheques at the time of loan. Case status: E/R of warrant - may I know what it.means? My relative is a farmer with poor financial condition. The finance agency called it him and after few conversations they agreed to settle for rs. 60000. They are saying that first to pay amount Rs. 60,000 and later they will give NOC. But if they don't give NOC after payment and ask to pay remaining amount what to do? What are the precautions we should folow? Before settlement and payment? Moreover they have filed case in West Bengal metropolitan court. Please advise
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A. You can contact me to move you matter before the CMM in Bankshall Court at Kolkata.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 7 months ago

Hi One person had given money on interest basis to lend out. But not in one shot but accumulated one. Only thing is we had given him cheques. Recently we gave back 10lakh in one shot and got 2 cheques back. Now he is pressuring saying I need the rest amount in one shot and not ready to giv time. He is saying he will file CIBIL case. We seriously do not have so much money as to whom we have lend are not returning. What can we do in this case? Everyday he keeps going to people whom we know and presuurizing saying will take people to our home and other things
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A. Facts not clear. You did not mentioned where are you located and is he holding money lending license or the rate of interest. Was there any written agreement. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. Doing business of money lending without a money lending license is illegal and attracts penal provisions under the Money Lending Act of State. If he is holding money lending license and over charging interest rate above 18%-21% (which varies from state to state) attracts penal provision under the law. If he is not holding money lending license then you don't have to give him a penny. You don't have to fear about your cheque getting bounce as Court will dismiss his case once the court comes to knows that he is not holding a money lending license. Contact me through Vidhikarya for further guidance.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Anonymous

Posted 7 months ago

Hi It's been 8years we took 80k loan from a person who took 4cheque for that. We paid interest.... It's triple amount than the money we borrowed. But now that person filed a case stating we borrowed 180000. Since he is government employee he s not a legal money lender but he is playing with interest. We payed 80k loan with around 3lakh interest amt for dat till date. Still he is not satisfied. Please suggest. Even we contacted local lawyers but no use. They are asking us to pay and settle.... But this is highly not possible
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A. Lodge a FIR against him with the local police station that he is carrying out a business of money lending without the money lending license. He will be arrested at once. Since he has already filed a case against you, put a petition in the same court to dismiss his case.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

sirisha chadalapaka sirisha

Posted 7 months ago

the property has disputed into 5parts the persons given registered cheque.the cheque has bounced can i get justice in this matter
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A. For cheque bounce cases a legal notice needs to be sent through a advocate. The limitation period is thirty days. Please contact a local lawyer from Vidhikarya for drafting and filing. Along with criminal proceeding you can parallely file a civil suit for recovery of money,
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Jaya Afre

Posted 7 months ago

Hello Sir/madam, We have to file a cheques bounced case in court, already sent a notice to cheques issuer, he denied to receive it , the person issued the cheques in police station, recorded in police station, towards refund of fraud land deal ..would.like to know the fees of lawer untill we get our hard earned money back..
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A. Contact Customer Care of Vidhikarya for allotting a lawyer and professional fees.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Akash Ram

Posted 7 months ago

Case settled in lokadalat 2 months back. Want to apply for decree. Do I have to sign to get decree copy. I don't want my lawyer anymore. Theaccused did not pay the amount by today, which is due date today. Can I file execution petition immediately.
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A. Change your advocate to conduct your matter. Yes you can file the execution petition.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Vivek Kumar

Posted 7 months ago

Sir in my friend firm I made partnership I invested money via online banking made also notary deed he given me blank cheque he told me to fill my name myself so I filled. So payment is coming but he is hiding.so sir can I bounced the check and can filed case 420 ?
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A. It will certainly raise eyebrows of the court, since he had not filled the cheque himself and handwriting will be different if you fill up his cheque. He will certainly raise this point in his defense and Magistrate will certainly make its observations and findings. Chance of your cheque bounce case u/s 138 NI Act will not make him accountable. However, other avenue needs to be ventured before coming to any conclusions. What I suggest you contact Vidhidarya for allotting a lawyer to review your partnership deed and other documents to determine what will be more fruitful for you.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Prasad BS

Posted 7 months ago

My brother had issued me apost dated cheque 5 years before , it belongs to SBM bank and now that this bank is merged with SBI, will I be able to submit that cheque, if not what are my legal options to make my brother issue a new proper cheque, post dated cheque is dated for 01/01/2019.
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A. Facts not clear. You did not mention the amount nor the date of issue of the cheque. What was the purpose of the issue of the cheque? Was there any liability? Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. For your understanding, validity period of cheque is for three months from the date inscribed on it. If you're smarter than ask your brother to get new cheque book from SBI and convince him to issue proper signed cheque in your favour.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Jitendra Tated

Posted 8 months ago

Muze SBI ka check ek aadmi me diya maine check ko apne account me clearing ke liye Dala SBI ke taraf se memo me likhar aaya ye purana check hai multi city check chahiye ab aage wala call bhi utha nahi raha hai hume kya karana chahiye
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A. You did not mentioned for what reason you received the cheque? Is there any liability or debt for which this cheque was drawn by the drawer. Since this is a old cheque, for which the cheque was dishonoured, you should send a legal notice to the drawer within 30 days from the date of receiving the Cheque Return Memo from the bank, asking the drawer to make payment within 15 days of receiving the notice. If the drawer does not make a fresh payment within 15 days of receiving the notice, then you need to file a complaint u/s 138 NI Act. Such case has be to filed before the JM/MM within 30 days of the expiry of the notice period. For writing a legal notice and filing of the case contact a local lawyer from Vidhikarya.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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