• Section 138

I have given a blank cheque for security purpose to a private ltd firm as I was dealing with that company for last 8 to 9 years. In 2015 I close my business due to losses. The payments was irregular after 2015 but not stopped. As in to day the actual amount is to be paid is 16 lakh. But he presented that blank cheque with amount 42 lakh by adding interest 24 % which was mentioned on the purchase bill that 24 % interest will be charged if payment not done within 30 days.
My question is how can I defend this case. I want to pay his debt but can’t able to pay interest.
Kindly suggest me what should I do
Asked 2 years ago in Civil Law

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14 Answers

Hello sir , security cheque cannot be baught up into the ambit of 138 NI act ..The security cheque can be used in order to file a civil recovery suit but not a complaint under section 138 NI act ...it is advisable to reply to thier legal notice and take a up a defence of security cheque at this perticular stage..

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

1) if any legal notice is issued deny your liability to payrs 42 lakhs

2) in case any complaint t is filed under section 138 NI apply for and obtain bail

3) cheque bouncing cases take 5 years to be disposed of

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

In the event any settlement is arrived at with the complainant apply fir compounding of the case

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You have to dispute the debt amount and cheque as the details are not filled by you you can strech the case and you can ask him outside to compromise.

There can many defences based on reviewing complete documents as that regarding the cheque was obtained on trust for lesser amount and he cheated you and presented it with more amount also, dispute the debt that he doesnot owe you that amount so he has wrongly mentioned that amount and breached. Your trust.

Also though in case 138 if a cheques is given with signature than anyone can fill it balance of convenience remains in favour of that person now your job is to dispute same the cheque amount and debt.

See in case he sends you legal notice reply same with the facts that you both have agreed on payment of 16 lakh and now wrongly he is claiming 42 lakhs also the cheque was given on trust for only 16 laksh which he wrong filed in to 42 lakhs

Now the handwriting expert report in cheque can help you with the fact that other party has filed the details in cheque.

Also 138 case you will easily get a AB and it takes time.to proceed with case so you can ask the other party to compromise for a amount you can pay he will readily do.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

1. In cheque bouncing cases in absence of written agreement containing relevant terms and clauses it is very difficult to prove one's case or disprove the allegations.

2. Now if you wish to disprove his claim of so much rate of interest you need to present eye witnesses to counter that there was no such rate of interest agreed nor the arrears amount is more than such and such.

3. If you wish to repay his debt then talk to him and make an put of court settlement. Defending the case may not give you the desired result.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Hi

You can take many defences here such as :

- They used your lost cheque

- They obtained your cheque by fraud

- They obtained your signatures when your were not in good state of mind. etc etc

another way can be - join the case proceedings and make a request in front of Judge that you will pay the debts but will not be able to pay the interest, your request may be obliged in court,

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Firstly, you should not have given the blank cheque.

Secondly, problem is there also as you have signed where it says that you would pay 24 percent.

Thirdly, case is a bit strong in his favour, so I advice you to ask for the mediation period.

Lastly, try to tell me the date when you last stopped paying as there is a limitation period which may help you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You cannot claim excuse or seek to waive interest if that was the condition and agreed by both the sides.

You can talk to the party and solve this issue amicably because there is no legal solution to this especially when you admit the legally liable debt and your signature in the cheque.

Please remember that the security cheque is given for this purpose only that is if the party is not able to give money then the cheque with them can be utilized.

Let him file the case, and as the case goes on, you can talk to him about the return of his amount and you may request him to waive the interest portion at least to some extent if not fully.

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

Plz read my case and reply me asap

Your case is that you are due to him and it becomes your duty to pay him along with interest as per the agreed conditions.

While the case is going on in the court, you can seek to refer the matter to lok adalat where you can try to solve the issue amicably by the intervention of the mediator in the lok adalat.

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

hello sir,

taking blank cheque is a crime.

defend case on this ground.

charging unlimited internet is also not allowed.

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

Hello,

Appear before the court and show that there is no outstanding liability to the amount that has been claimed by him and therefore the case should be dismissed and admit that you are ready to give the admitted amount.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

You may pray before the court to put the matter before the mediation because you want to settle the matter. And try to negotiate there as much as possible.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You have only one excuse that the check was given Aarti payment of lesser amount in normal course of business it was not intended to produce in the bank before the confirmation from myself for any such amount Kabali during the course of business as the company has not intimated the deposit of the check so you had no information of any check been deposited in your account the amount claimed by the company is not at all justified and there is dispute in the payment you have not made payment to the company because of the dispute in the payment outstanding

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

You can go for settlement in the said court. If you agree with terms of Complainant if he is ready you can settle the same with him before court. There is no legal way. You need to contest the case through effective cross examination.

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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