Legal Question in Banking Law in India

i am again explaining the case:

A have filed case against B under section 138 bouncing of two cheques of one lakh each , which A says was given by B for paying back of the 2 lakh which was given by him as help to B years before.

The fact is that B have never taken money from A nor have given the blank undated cheque to A. The saidblank cheques were given to C.C is afriend of A. A and C are govt servant.in order to extort the money from B they have conspired sec 138. what is the remedy. how to go ahead.


Asked on 10/22/09, 9:35 am

3 Answers from Attorneys
KAMAL GROVER

Handwriting is the point in your case.

Good luck

Regards

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Answered on 10/22/09, 2:39 pm
J. Radhakrishnan independent Practice

You have a lot of difficulty in proving the case. You have to plead that (1) you never have any relationship with A. (2) you have given the blank cheques to C with instructions to use the same only after reference to you (3) you do not owe any money to A (4) The cheques were not given in discharge of any loan given by A. Please consult a local lawyer. He has to cross examine A, ask him to declare his assets and try to bring out that he is totally a stranger to do anything with you or the cheques. It is an arduous task which is the result of your foolishness in having armed C with blank signed cheques. Everything will depend upon as to how you defend the case in Court. wish good luck.

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Answered on 10/22/09, 8:24 pm
Seshadri Srinivasan www.lawconcern.com

Issue a lawyer notice to C and B stating under what circumstances the cheques were given to C and that there is no obligation to B.

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Answered on 10/22/09, 8:56 pm


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