Legal Question in Banking Law in India
negotiable instrument
hi sirs,
my question is as
if any cheque , for the paymnt of the interest,is bounced then wot remedies can be taken to save the client from the ofence u/s 138 of n.i.act.
3 Answers from Attorneys
Re: negotiable instrument
Only way is to ask the client to pay up the cheque amount as soon as notice was received by him. This forum is not intended for suggesting some vain defences.
Re: negotiable instrument
cheque has same liablities whether given for principal amount or for interest or for any other liability.
max u can do is that u can prove that the interest was not payable or that much interest was not payable or things like that.
For further advice contact me personallly. consultation charges will apply.
Re: negotiable instrument
cheque is negotiable instrument - the reaason for which it was issued - liability forms the second part! the first part the cheque has been issued knowingly - so it deserves to be honoured! - in court - you can plead that the cheque was given as additional security or blank cheques and the loan has been paid in full to the satisfaction - and that the cheque has been misused - but for all this you need proof! if you could prove that he had no liability to honour the cheque then you have won the case!
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