• False cheque bounce

Hi. Five years back I helped my family friend get a hand loan for his business from another friend of mine. It is about 34 lakhs. 20 laksh were given by cheque and 14 lakhs by cash. My friend had given a signed blank document and a blank cheque as security. This friend also got one of my blank cheque as security too later. For this 34 lakhs my family friend paid interests amonuting to 80000 monthly till 2018. From Jan 2019 his business got into a loss and he was unable to pay the interest nor return the principle. My friend got agitated and bounced my cheque and has sent me a legal notice. What should I do
Asked 6 years ago in Criminal Law
Religion: Hindu

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14 Answers

Hello,

Tender a reply to the said legal notice and say that there is no outstanding Legally enforeseeable debt that you have to pay him and therefore a case under section 138 cannot be filed against you.

If you deem fit then you can engage one advocate and reply to the said legal notice

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) reply to legal notice that there is no debt due and payable 

 

2) that there is no debt due and payable 

 

3) that no money was paid to you 

Ajay Sethi
Advocate, Mumbai
100058 Answers
8169 Consultations

He has no proof that he given you money, even cheque may be deposited in the account of family friends. Neither you have signed any documents,

No case made out against you. Cheque is given as guarantee and not agasint debt.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can reply to the notice and deny the liability.  You can contest the case. 

Prashant Nayak
Advocate, Mumbai
34722 Answers
250 Consultations

Reply accordingly to the notice.

Do you have records to substantiate your theory 

Regards 

G.Rajaganapathy Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Send a reply denying existence of any debt you owe to him.

Contact a local lawyer to send the above reply on your behalf.

 

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

See since your friend has no proof against you for any legal debt if he sends you a notice of cheque bounce you can reply same that cheque was wrongly used by him and that he owe no legal debt to you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Since the Loan cheque was given in name of your Friend (Loan Taker), ONLY & ONLY the friend is liable for the same and NOT you, in any manner whatsoever.

2.  The Loan-Giver Friend CANNOT prosecute you in any manner, whatsoever, specially for cheque bouncing cases, since you do not have legally enforceable liability /debt towards such friend, more specially so since the loan amount would be reflected in the income tax returns of the Loan-Giver Friend against Friend (Loan Taker) and NOT against your name.

3. Even IF a case is filed, THEN you have to simply say you have no legally enforceable liability /debt to the Loan-Giver Friend and that the said blank cheque was lost /misplaced from your office /residence.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

As your other friend has already sent your friend a legal notice for dishonour of cheque, there is every likelihood of his filing a suit under the NI Act, in case your other friend ignores the notice. It is better to negotiate and reach a compromise. In any case, your friend has to suitably reply to the notice through an advocate.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Respected sir... 

You must have to talk to him to not process legally... As the biggest question arises here is what is your chaque doing with him how did he get it... And you have no ans for that in court ask your friend to to give him money and yes there are technical points where you can win but for that you have to provide all the details about cheque and truth of all circumstances... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Send a reply to the notice received with the help of an advocate mentioning your points. If the person still files cheque bounce case against you, engage an advocate for the case and contest the case on merit. 

Mohammed Mujeeb
Advocate, Hyderabad
19384 Answers
32 Consultations

You must file reply to the said notice immediately to save you from future liability. In addition to the same, you must go to the court when summoned and contest the case apprising the court of the true facts of the case and hire a lawyer.

Harpreet Singh Hora
Advocate, Delhi
31 Answers

You have to approach the borrower to pay this amount failing which you will be in trouble.

However for the present there's no immediate danger in it but you may face problem if you don't sort it out at earliest.

T Kalaiselvan
Advocate, Vellore
90256 Answers
2509 Consultations

Dear 

You have to contest the case of cheque bounce because you have given the cheque as guarantor.

Now you can do one thing ask your friend who took the loan to return the loan amount and make settlement with provider of loan and ask him to take his complaint back. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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