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Friend asking for very high amount in return for loan taken


26-Feb-2023 (In Cheque Bounce Law)
I took loan of 30000 rs from a friend on very high interest he also took 2 blank cheque from me, I have paid back the principal amount but now he is asking for 1,50,000 amount after apply interest. Please advice me what should I do in such case. I have stoped one cheque but I am afraid he may use other cheque to put cheque bounce case against me. I have no evidence of taking money he gave in cash. please advice
Answers (2)

Answer #1
709 votes
Dear Sir/ Madam,

First of all do not think that your friend cannot file a case in case of cheque for which you have stopped payment. He can file in that case also. Secondly just try to settle it amicably with intervention of other friends or relatives because mostly in cases of cheque bounce the presumption prevails above all facts and truths.
Answer #2
896 votes
Stopping the payment is also covered under section 138 of the Negotiable Instruments Act. In case there is existence of a liability on the day of presentation of cheque then you would become liable under section 138 of the Negotiable Instruments Act. Since the cheque is issued the presumption would be that there was a liability. The onus would therefor on you to prove that there was no existing liability on the day the cheque was presented. In case there is no written agreement you could always argue that he amount was paid back showing proof of the amount that you paid back.

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