Legal Question in Banking Law in India

query about cheque dishonour

Sir

with regard to cheque dishonour I have few queries--:

I gave two cheques to a person with whom we had financial dealings.He used to give us acc. payee cheques and in return we used to pay back by acc. payee cheques which were all cleared.But He also used to finace us in cash (for which there was nothing in written) and we used to give him cheques (name-- blank.)just as security.We do not owe him anything but this man who was in possession of 2 cheques , gave one to his distant relative in jabalpur and the other in patiala (We do not even know those people.).cheques were issued at delhi branch.Cheques were of the cheque-book of 2004, and they used it in 2007.please advise me--

1.Do the cases filed by them in jabalpur and patiala , fall in the respective jurisdictions?

2.Does it nod stand invalid due to--LEGALLY ENFORCEABE LAIBILITY.?

3.What is LEGALLY ENFORECEABLE LIABILITY?

4.They filed the case saying that it was a friendly loan.I think only money lenders with the licence to lend money can give loans.Is it not against such people who are doing this trade without a licence?

5.Does friendly loan have any legally enforceable laibility?

6.Does a loan of above rs.20,000/-,if the complainant says he paid in cash,any legally enforceable liability?


Asked on 8/22/10, 9:59 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you can get the case dismiss for lack of jurisdiction and other facts stated by you

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Answered on 8/22/10, 10:37 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as mentioned earlier, filing a transfer petition in Supreme Court of India seems to be the only remedy int he present case.

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Answered on 8/22/10, 10:50 pm
J. Radhakrishnan independent Practice

you have to engage a competent lawyer at Japalpur and Patiala to fight out the cases. Going to the Supreme court for transfer of the cases can be thought of only later. Both Japalpur and Patiala courts have jurisdiction in respect of cheques returned there. You have to establish that you did not owe them any debt and the cheques are forged.

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Answered on 8/23/10, 8:22 am
ANURAG TIWARI

You have definite legal protection to save yourself from false legal repercussions. You need detailed advice and you may contact me if you are at Delhi.

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Answered on 8/24/10, 3:23 am


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