Legal Question in Banking Law in India

act 138

dear sir

i am suffering by act 138. i give two cheque as gurantee. and i give money in installment's . but now he claimed for that chque payment. now what i have to do


Asked on 11/16/07, 12:00 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: act 138

In this case you can file a complain with the police keeping in consideration that this is duress with you. Please make sure you have got enough evidences that you have given the money in installments.

If required you may contact me personally OR Consult a local lawyer.

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Answered on 11/16/07, 5:00 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: act 138

Before tendering any blank cheques you should have taken written agreement . if you have not executed any agreement , the person holding the cheque is bound to misuse the same . If you have not executed any agreement please file criminal case as early as possible

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Answered on 11/16/07, 8:59 am
Amit Shukla AS and Associates Legal Services

Re: act 138

Please provide all the details.

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Answered on 11/16/07, 10:18 am

Re: act 138

Send him the notice demanding back your cheques and if necessity arise approach the court.

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Answered on 11/16/07, 11:04 am
G. M. Gupta gmguptaandassociates

Re: act 138

you have to make payment of the cheque amount. but as guarantor you can claim back from the person for whom u stood gurantee.

however a technical flaw can save u too.

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Answered on 11/16/07, 1:14 pm


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