My name is Praveen, I have taken hand loan of 5 lakhs(in cash mode only) from a unregistered financier on 05/01/2014 interest of 4rs per month. Am paying regularly 20,000 per month upto now(05/12/2016).i Have given 2 blank cheques of mine signed without date.there is no receipt for transactions between of us. Now he is blackmailing me that not paid interest from 1 year and need to pay the total of 7.5 lakhs. what should i do if he files a cheque bounce case.please help me some one. (i have not given any promissory note either agreement of bond paper at the time of taking hand loan)
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Lawyers are available now to answer your questions.
It was sheer mistake of at least not having a n agreement of how much money you borrowed.
Now you have only option of lodging a criminal complaint in police station stating the actual event.
On this basis you have to register case of blackmailing against him.
I find no other way to save you from his extortion.
Good luck.
1)did you sign any acknowledgment of receipt of Rs 5 lakhs received in cash?
2) how was repayment made by you ?
3) by cash or cheque?
4) if drawee deposits cheque by filling in details contest the cheque bouncing case
5) cheque bouncing cases take 5 years to be disposed of
6) please note that if you issue blank cheque you authorise drawee to fill in the details
thanks for your reply sir, 1) i have not signed on any acknowledgement of receipt of Rs 5 Lakhs 2) Repayment made by cash only 3) By cash( because he not allowed to pay by cheque) 5) Drawee not deposited in bank till now, but he is threating me
1) there is no proof that loan ha been taken by you of Rs 5 lakhs
2) there is no documentary evidence of repayment of loan
3) in the event drawee deposits cheque and it is dishonoured and legal notice is issued deny that any loan was taken by you .
Ok sir, My last question is, if he tries to create any document(agreement paper or any thing) or receipt by forgery of my sign. what can i do
file police complaint of cheating , forgery against the said person
Dear Sir.
Cheque bouncing is not a big issue....court can award you full time to defend your self..in proper manner...
arbitration ..and deposition the amount in the court of law...it is the procedure of court.....
Best Regards
Mob-No-[deleted]
1. Was there any loan agreement signed by and between both of you wherein the said high rate of interest was mentioned?
2. If yes, then he said term is illegal since nobody can commercially do lending business with out obtaining RBI license and also can not charge interest at ate more than that has been specified by the RBI.
3. Have you collected the evidence of your repayment? Did you make the repayment through cheque?
4. If yes, then send him a legal letter asking him to to return you the blank and undated security cheque since you have already paid th dues.
5. Post the above letter to your Bank asking them not to honour the said cheque if presented marking it to the local police station also.
6. If he files 138 case, you have enough ground to defend yourself. The main ground is that no cheque bounce case as per Negotiable instrument Act is applicable of security cheque.
1. If there is no acknowledgement from your side that you had taken the said loan from him, then things become easier for you to counter his threat.
2. Send a letter to your Bank alleging that one signed cheque baring the particular number has been lost/stolen from you which should not be honoured by the Bank if presented.
3. Mark a copy thereof to the local police station.
4. He won't be able to file a cheque bouncing case since he shall have to establish with evidence that you had taken the said loan from him and you have a dischargeable liability on him.
5. If no dischargeable liability is proved, her will be no cheque bouncing case as per N.I. Act.
1. If he manufactures a document by forging your signature to establish that you have taken loan from him, he will be put to great legal problem.
2. Criminal case will be initiated by the police if it is proved that he has orged your signature to create the loan document.
You can challenge your signature. If your signature is not proved he can't rely on the forged agreement.
1. If he files a case of cheque bounce then you can contest it fittingly as there are many defenses which you can take to rebut the statutory presumption of liability. He will have to prove the remittance of loan to you.
2. If he does not possess a money lending license then he is not allowed to lend loan.
1. Such extortion tactics are routinely employed by greedy and unscrupulous money lenders. File a police complaint against the loss of cheques.
2. If and when you receive a demand notice from him then put it up to your lawyer for an appropriate reply.
If he forges a document to prove your liability then you contest it at the trial.
Now he is blackmailing me that not paid interest from 1 year and need to pay the total of 7.5 lakhs.
what should i do if he files a cheque bounce case.please help me some one.
(i have not given any promissory note either agreement of bond paper at the time of taking hand loan)
If you have paid the interest so far till this date which would have covered the principal amount, then you can talk to the financier and restructure the loan and ask him to agree for one time settlement.
Alternately you can issue an intimation t the bankers stating that the said cheque has been lost hence not to entertain any payment if presented, and copy may be given to police also.
1) i have not signed on any acknowledgement of receipt of Rs 5 Lakhs
2) Repayment made by cash only
3) By cash( because he not allowed to pay by cheque)
5) Drawee not deposited in bank till now, but he is threating me
The above are some favorable situations to challenge his cheque bounce case before court.You can engage a skilful lawyer to handle this easyu situation
My last question is, if he tries to create any document(agreement paper or any thing) or receipt by forgery of my sign. what can i do
He cannot create a fabricated document at this stage.
It can be sent to forensic laboratory to prove that it has been forged.