• High interest and threatening to charging me against cheque bounce

Borrowed from a money lender an amount of rs150000. He charged me 5%monthly interest. So far has paid him more than 200000. Due to personal problem was not able to pay him interest for three months. Now he is thretening me that he would deposit cheque that I had given and file case against me for cheque bounce. Now what shall I do. My mail ID is [deleted].
Asked 6 years ago in Criminal Law
Religion: Hindu

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12 Answers

1. you can send him a legal notice through counsel to return the said cheque given by you as a guarantee at the time of borrowing the amount since you had repaid the amount,

2. each statement have two aspects, another aspect of your notice would be treated as your acceptance to the cheque amount and it may have an adverse effect on you,

3. do you have any proof of taking and repaying the amount 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

You can file a police complaint and then contest the trial if he files any case. You don't have to worry. 

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

1. IF the said Money Lender is registered and has a license under the local state Money Lenders Act, THEN "ONLY" he can file 138 cheque bounce case to recover his money.  ELSE NO.

2. You can make a police FIR about such illegal money lending business and police will take legal action on him.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Firstly if money lender is registered then only he can charge interest that also as per the act.

Secondly if amount is paid and he is intimidating for cheque bounce you can issue him legal notice and give a written police complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

I presume that you have repaid Rs 2 lakhs by cheque 

 

2) issue notice to lender to return your cheque of Rs 1.50 lakhs as loan had been repaid by you and Rs 2 lakhs paid to him in repayment of loan with interest 

 

3) I presume you have not signed any documents to repay loan with 5 per cent monthly  interest 

 

 

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

Do he have money lending license ? And do you have payment proof of money already paid.

If yes than no more amount payable. Stop the payment of cheque.

Without lending license, cheque bounce case not maintainable.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

- As per Money Lending Act, Charging more than 21% interest annual is illegal , and against the regulations of RBI.

- Since, you have already paid more than 2 Lakh rupees, hence now legally you are not liable to pay further.

- You should loge a complaint against the said Lender , after stating that you have already paid him principal amount with interest , but the said lender is threatening for implication in false cases.

- Further, you should send him a legal notice , and thereby ask him return the given cheque for security purposes, on the ground of payment of full amount of loan with interest .

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

Private money lending is a extortion racket in most places and unless and until you believe sometime it is fraught with risk as stated above.

Now it is not clear whether you have documentary proof of amount borrowed and amount repaid.

if yes then send him a legal notice informing the full satisfaction of repayment of loan and return of your cheque.

If still he files such case then you will have a good defence in court.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1. You should just clear the dues with person who have your cheque.

2. If he files the case then you may have to pay double the cheque amount along with two year jail term.

3. So the best option is to go for mutual settlement with lender. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Professional money lender is required to have a money lending license to do business of money lending.

Issue a legal notice through an advocate and ask lender to return security cheque back and mention that you had been repaid him lending amount with  interest .

Mohammed Mujeeb
Advocate, Hyderabad
19380 Answers
32 Consultations

He will write a date on the cheque and file it. Do es he have any proof that you have a liability? If yes then the court may issue non bailable warrant against you.

Try to deposit the money or negotiate with him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Have you given the blank cheque to him without date and amount mentioned  int it, then you immediately lodge a police complaint that you have lost the cheque and it is not traceable hence you request to register a case for missing cheque.

After that you personally visit the bank immediately and submit a letter stating that you have lost the cheque and request him to make stop payment on the cheque being presented by anyone.

After that let him file any case against you which can be challenged based on the documentary evidences you have created now.

 

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

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