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Blank cheque used against me under 138
05-Sep-2023 (In Cheque Bounce Law)
Hi, During home loan processing, bank has got blank cheque signed by me for security purposes. As I haven't taken possession of the flat, have given written letter to bank for surrender of property. For this letter I have no acknowledgement from bank. Instead of taking the property they have filed cheque bounce case against me stating that I have given the cheque on demand that is after a year I surrendered the flat. Please request advice how to proceed. Is there possibility to file quash petition for it.
You can ask for copy of the letter you wrote to Bank, of there is no other record for it, And what is surrendering the flat to the Bank ? What amount they have filled in the cheque ? Who is in possession of the flat now ? If you give these details I can take the case.
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Prosecution under N.I act can only be made out in case of legally enforceable debt. Delivering post dated blank can not be treated as security if loan was cancelled. You can file a petition under s.482 of cr.pc and get quashed all proceedings.
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Adv. Jamal Sait
Bangalore | 400+ Answers
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Hi...if bank has presented the cheque and if it is got bounced your liable under 137 of negotiable instrument act .before that I've it is possible you speak with the bank officials and settle the matter.
Thank you
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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