• Secured promissory note

I have taken RS 1,10,000 in march 2015 from my friend for which i have promised with in 2 months.

I have to get my bill payments but dut to some problem it has got delayed.

Under their pressure i have signed blank secured promissory note, and issued cheque of RS 1lac.
That cheque has bounced. My friend has send me notice, asking me to pay RS 1 lac of cheque amount of RS 5lac of 
promissory note. They have betrayed me and entered wrong amount in promissory note.

Maximum i can pay them on or before 31st of october.

Can you please let me know,


1) If they file cheating case on me, will police arrest me immediately or i will get summon from the court.
If i get summon from court and after being present in the court then police will arrest me.

2) can they file Recovery summary suit. If yes can i get time from the court to make the payment.

3) can i challenge their amount of promissory note in the court.
Asked 1 year ago in Civil Law from Hyderabad, Telangana
1)in case summary suit is filed you have to take the defence that blank promissory note was signed by you and details have been filled in by the lender . Material alteration was made by lender

2)no loan of to 5 lakhs  was  taken by you and only one lakh was borrowed 


3) court may grant you conditional leave to defend on depositing amount in court 



4) if cheating case is filed in court you will be issued summons and contest case on merits 

5) you can obtain bail from  court

Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1. Signing a blank promissory note is suicidal. You cannot now prove that the amount reflected in the promissory note is the actual amount which you owe to him.

2. For the bounced cheque notice which you have received you should engage a lawyer to send an appropriate reply to him. If he files a case for cheque bounce in the court then contest it on merits.

3. Police is not bound to issue summons to the accused before arresting. It can knock on his doors and arrest him without a warning. 

4. If a recovery suit is filed the court can give you time to make the payment. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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As per the plain reading of your query there is no chance for filing a cheating case against you . Did they send any notice for getting the check amount and promissory note amount . If get the notice deny  the transaction of 5 lakhs rupees and said about the document which were created at the time of borrowing money and giving them as a security .If they file any criminal complaint then contest the case on merit with poof. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1) If they file cheating case on me, will police arrest me immediately or i will get summon from the court.
If i get summon from court and after being present in the court then police will arrest me.
Since they have the cheque bounced, it is likely that they may file a cheque bounce case only and not a cheating case in the police station.  Even the police wont entertain the cheque bounce case as a cheating  case so  dont worry about the police arrest or summon. 


2) can they file Recovery summary suit. If yes can i get time from the court to make the payment.
Yes on  the basis of the promissory note hey can file a suit for recovery of money. 



3) can i challenge their amount of promissory note in the court.
Yes, you can very well challenge the moey suit filed on the basis of demand promissory note. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1. This is not a cheating case,

2. It is a case of cheque bouncing,

3. It was incorrect on your part to sign blank promissory note,

4. However, on receipt of notice u/s138 of N.I. act to pay the amount, you should arrange to pay the same to avoid further case about it,

5. You can contest the promissory note matter by sending lodging a police complaint of fraudulently filling up the blank P.Note.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
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1) your friend will file cheque bouncing case under section 138 of NI act 

2) court will release you on bail 

3) if complaint of cheating is filed under section 420 of IPC contact a local lawyer and obtain AB 

4) no need to abscond 

5) summary suit is suit of civil nature . You would not be arrested in said case 

6) you need not appear in court in summary suit on receipt of summons your lawyer can appear on your behalf.only during trial you have to appear 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
) If the police comes to arrest me after filing a case on me, can i got "Absconding" and in the meantime my advocate 
will arrange for the bail. "Can i do this"
Yes, you can arrange the modus operandi with your advocate.



2) Will there be any extra criminal charges or consequences if i go absconding.
No.


3) *** Will the police have "search warrant" of my home with the "arrest warrant". 
No search warrant


4) Can the case of cheque bounce be filed on "bounce of self cheque"
Not Understood,be clear in your question.



5) After a A/c Payee cheque is bounced what is the validity period to file a cheating case
( i heard that cheating case be filed upto 3 years from the date of issue of cheque, is it true ?) 
It is one month from 45 days of intimation received from bank


6) Is there any possibility that court will detain me after attending the summon of court in recovery summary suit.
No
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Did you mention about the figure of actual amount. Case filed under 138 NI Act police has no role even other wise a court order for arrest. When you receive a summons copy you approach the court with sureties,the court will provide bail .For recovery of money in case of cheque the limitation period is 3 year. The offence is bailable one. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. If police comes to arrest you and finds you then you will not get time to seek anticipatory bail as it will arrest you at the spot. So seek AB as soon as the case is filed against you.

2. If you abscond it will become very difficult for you to get bail.

3. Police may search your house even without a search warrant.

4. A case for cheque bounce cannot be filed on a self cheque.

5. There is no time limit to file the case of cheating. 

6. The court will not detain you if you appear on summons.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. Police will not come to arrest you as already specified in my earlier post that it is not a cheating case against you.  On the contrary, your friend has cheated you by filling up figure of higher amount in the blank promissory note you had executed. So, the questing of your getting absconded and getting bail later on does not arise at all,

2. & 3. These are not aplicable since t is not a criminal case,

4. No. The drawee of the dishonoured cheque only can file cae u/138 of N.I. Act. So, the question of filing cheque bouncing case on dishonoured self cheque does not arise,

5. The limitation period for filing recovery suit is 3 years. There is no limitation for filing criminal complaint but the inordinate delay is required to be explained.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0

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