Legal Question in Banking Law in India
One of my friend who is not a registered financiar has lent 5.5 lacs rupies to me in 2006 and in that amount I had paid 3.0 lacs to him both did not have any written proof of it, but my friend while lending money to me had taken 3 blank checques and one blank stamp paper of rupies 100 signed by me in the year 2007 March, now in the month of Feb,2009 he had presented two checques in my account and got bounced so he sent a notice to me I negotiated with him and took back those bounced checque from him,now again he has presented another checque of rupies 5lac 90 thousand. My query is
1- I have taken the earlier bounced check from him and it is with me also the notice he had served through lawyer so by stealing my checques from my home and presenting to the bank to harras me.
2- he has blank stamp paper which I he had taken from me while lending money so can he file a case based on that stamp paper will the case will have strong side with him? Till how money years the stamp paper is valid e.g. one year or three years
3- I have two checques which already bounced and he had written those checques to me with notice issued from lawyer, can I tell to the court that I already returned his money that is why he has returned the bounced checks to me and now he wants to harras me so he is cheating me? please reply me, Iam based in bangalore.
2 Answers from Attorneys
Mention the amount of all the cheques.
You better consult the local lawyer with all the papers with you. No use in posing hypothetical questions in this forum. If you have left blank cheques signed by you and also blank stamped paper, you have invited trouble. There are certain State Stamp Rules which stipulate that the stamp paper to be valid the document thereon should have been within some months of its purchase. Hence best thing for you is to seek local legal advice.
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