Blank cheque deposited with payment more than the loan taken

I have taken a friendly loan of Rs. 50,000/- and given a blank cheque as a security. Now that person has himself filled the cheque for 9 lakh rs and got it bounce. He send me a legal notice stating that he has given me 9 lakh Rs , some through bank transfer and some through cash. But this is false. Neither he has given any amount in cash nor he has any proof for that. He is clearly saying that he will bring false witness for this. I haven't received any cheque photocopy or anything like complaint copy. What shall I do? Can I file a counter case of blackmailing and cheque forgery in him?? Should I have to appear for the first hearing?? Or my lawyer will do with his presence.

Answers (2)

54 votes

Believing your version completely, I understand that the person has no proof of lending you RS 900000/- . I suggest you first appear in the matter and contest it. You can apply for the certified copies of the documents that he has filed once you are present in the file through a lawyer.

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88 votes

You need not worry.... since he has no proof of the payment of Rs. 9lakh therefore he doesnt not have a good case without supporting evidence... on the contrary the bank transfer if any will act as a proof in your favour... I would rather suggest you to apper for the first hearing and then move an application before the concerned judge for exemption for personal appearance. Regarding filing of a counter complain you can definitely file a conter complaint against him but you should have evidence of the same. In case you need any further help let me know.

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