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BLANK CHEQUES GIVEN FOR BUSINESS LOAN AS SECURITIES IN 2008,
20-Mar-2023 (In Cheque Bounce Law)
KOTAK MAHINDRA BANK SANCTIONED A LOAN OF 7.2l WITH 36 MONTHS TENURE WITH AN EMI 27320/-. AT THE TIME OF EXECUTION OF THE LOAN AGREEMENT, I HAVE ISSUED 4 UNDATED BLANK CHEQUES. THIS LOAN WAS TOP UP LOAN AND HAD REGULAR CLIENT TO THEM SINCE 2000. DUE TO HEAVY BUSINESS LOSS' I BECAME DEFAULTER. IN2015 THEY FILED A EP IN CHENNAI COURT BASED ON THE ARBITRATION EX-PARTEE ORDER' WHICH I AM UNAWARE TILL THAT TIME AND THE EP CASE WAS DISMISSED BY THE COURT. IN 2018, THEY MISUSED ONE OF THE cheques GIVEN AND PRESENTED AND DISHONOURED DUE TO ACCOUNT CLOSED. BASED ON THAT THEY FILED THE PRESENT CASE. MY DOUBT IS HOW THIS ATTRACTS 138 AFTER A GAP OF 10 YEARS. I ENGAGED A LAWYER IN BANGALORE & HE APPEARED ONLY IN THE 1ST HEARING ON 21/12/18 AND AFTERWARDS, HE NEVER TURNED UP FOR FURTHER HEARING. NOW, CAN I CHANGE A LAWYER?
No, the cheques given for security cannot be used. you can file a complaint against the bank with the police that the Bank has committed a crime by doing so. and the cheques which were issued 10years back has no validity as the cheques has a time period within which it has to be used.
Helpful?
Adv. Vedashree A
Bangalore / Bengaluru | 700+ Answers
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You have every right to change lawyers as per your wish. In your case cross examination of complaint is the key as they have filed case for a cheque given as security for a loan that was 10 years old. All you have to prove is that cheque was not given for a legally enforceable debt.
Adv. Jamal sait
Bangalore
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Dear Sir,
You can change the lawyer with or without his NOC and continue the litigation. You have to establish that it is ten year old cheque and without consideration. On merits you have more points putforth before the Trial Court. You may also file interim application under Section 258 and 203 of Cr.P.C to stop the proceedings and to dismiss the complaint by acquitting you. You may share your details in person.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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