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Creditor claiming more money than borrowed
03-Aug-2023 (In Civil Law)
A blank cheque was given as security to a friend (financier). Initially done transactions with 8% - 10% interest and he took entire amount. After some days given some amount and delayed for a period of time and again paid more than what I took. he took blank cheques for security and forcibly taken sign on a promissory note. then he calculated interest by interest and file a complaint under s 138 for an amount more than (10 times more what I took) with two cheques. One case by him and other by his friend(unknown).He deposited amount to my account not transferred and I paid interests and amount to his bank account. How to defend that the amount of cheques is not correct. I have transactions from my account to his account. please suggest.
Dear Sir,
Such cases are frequent in the recent past. The so called country borrowers and petty money lenders taking shelter under NI Act and also getting undue advantage of Section 138 of NI Act. To be frank the advocates taking casual defenses. Since there is recent Supreme Judgment which is in favour of financiers/bankers as such the defense must be so stitched so that the complainant cannot establish his case. The following issues may have to be looked into carefully and putforth before Trial Judge.
1. The date of issue of cheque book which establishes that the so called cheque was issued long back and the complainant entered his own date and his own amount.
2. Endorsement must be taken from the bankers to show that such cheque leaf was issued on such and such date.
3. Your bank statement must be produced to show that all other cheques in the said cheque book were already used long back except the disputed two cheques.
4. The source of income of the complainant must be agitated and he must be called upon to produce IT returns with balance sheet if any disclosing the loan amount advanced to you, whether reflected in the said balance sheet.
Such cases are frequent in the recent past. The so called country borrowers and petty money lenders taking shelter under NI Act and also getting undue advantage of Section 138 of NI Act. To be frank the advocates taking casual defenses. Since there is recent Supreme Judgment which is in favour of financiers/bankers as such the defense must be so stitched so that the complainant cannot establish his case. The following issues may have to be looked into carefully and putforth before Trial Judge.
1. The date of issue of cheque book which establishes that the so called cheque was issued long back and the complainant entered his own date and his own amount.
2. Endorsement must be taken from the bankers to show that such cheque leaf was issued on such and such date.
3. Your bank statement must be produced to show that all other cheques in the said cheque book were already used long back except the disputed two cheques.
4. The source of income of the complainant must be agitated and he must be called upon to produce IT returns with balance sheet if any disclosing the loan amount advanced to you, whether reflected in the said balance sheet.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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