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Cheque given for surety used for false legal liability
14-Mar-2023 (In Cheque Bounce Law)
One of my friend has given surety of person who took a loan through bank transfer and my friend gave his blank cheque as surety. Now the cheque holder has filed 138 NI case against my friend of loan taken by him, without any mention of other person who has borrowed money from him. Need some help in how can this case be defended. The loan given was in bank transfer.
he can file a case against him under 420 IPC for cheating apart from he has to defend 138 case immediately cancel to a lawyer otherwise court was issued warrant against you and you have no other optio otherwise there is no rate to deal with the case
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Adv. Akhil Verma
Delhi | 25+ Answers
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Dear client,
Firstly , surety cheques are not covered under 138 case, where liability must be proved.
what does it means , without any mention of other person who has borrowed.
You need legal guidance and proper advice to defend the case for which you may contact me from here for paid service.
Thanks
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Adv. Sanjay Kr. Jha
Delhi | 200+ Answers
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Query perused. You should immediately engage a lawyer and defend your case. Under section 138 complaint is maintenable only if there is a legally enforceable debt. You may come and meet us. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hi,
Banks don’t take cheques as surety of a person not part of the loan agreement. You must find out more about the arrangement. Unless the loan transfer is to a private financial agency. Do clarify here.
A cheque dishonoured towards discharge of a legal liability, 138 of NI Act gets attracted. All depends if the loan transfer agreement has been violated.
More informed needed but one this is clear. But it can be defended. Feel free to consult.
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Adv. Kabir Hazarika
Delhi | 100+ Answers
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Is there any agreement to show that the cheque was given as a security. The liability of surety in law is co-extensive with that of the borrower. But if some amount is recovered from the surety, the surety can recover it from the borrower.
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Adv. Tejasv Anand
Delhi | 100+ Answers
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