I issued cheques to father in law for a sum of 3,00,000 rupees as a gurante for the chit 2 years ago with out mentioning any date after that i paid back the whole amount as monthly installments for the chit during this period because of some family issues we were not talking to each other and now they are thretaing me to file a case against me by producing the cheques to the bank.
Please help me in this regard how can i get rid of this problem will requesting the bank for stop cheque payment will help or if they produce the same on bank and if they got bounced what will be the consequenses and what should i do i am already in a lot of financial trouble and this problem is causing me a life and death situation.Please suggest me what should i do.
I will be very much greatful if you help me.
Asked 3 years ago in Civil Law from Hyderabad, Andhra Pradesh
1) how was payment made by you ? by cheque or cash ? you have any evidence cheque was issued 2 years ago ?
2) once you issue cheque and your father in law deposits the cheque on dishonour of cheque on any ground your father in law can file case of cheque bouncing against you .
3) stop payment of cheque is no answer . your father can file civil and criminal proceedings against you . you cannot escape your liability by asking bank not to honour the cheque
you will come under 138NI only if there is a legal liability on your behalf a cheque given as security does not come under it
Advocate, New Delhi
1. How was the amount paid by you? Was it by a cheque or in cash? Have you kept a legally valid receipt if the amount was paid in cash?
2. Did you enter into an agreement when you paid back the money to your father-in-law?
3. If the answer to all these questions is NO then he can certainly file a case for cheque bounce against you. If and when he files it you should defend yourself in court.
4. Stop payment instructions will only compound your legal misery. Contest the case on merits if he files it.