Legal Question in Banking Law in India
sir, when i was in Allahabad, there was an Icici bank saving account with me open in 2002 and i was moved to Ghaziabad in 2004 and closed that account and surrender the check book what ever leaves i was holding that time. the Banker close the account and open an another account on behalf of that.
soon i recd. new check book and makes my daily banking schedule proper.
Due to distance from my bank and residence i was open and Saving account in SBI with my locality and stops all kind and transaction with that account.
What is the issue?
One person get a check of Rs. 27000/- signed with out date written from my side of ICICI bank old account no which was in Allahabad, and he was putted / manipulated date of 31st Aug 2008 on check and drop into his account in Delhi and the check get dishonored due to account closed.
He issued a summon from Magistrate court to me.
where he is mentioning that i was burrow a 1 Lac rupees cash from him and i was issued this was dishonored on dt. 1-09-2008 & he recd complained from bank on dt. 04-09-2008.
He says that he issue a legal notice on 03.10.2008 on my residence address.
Now on dt. 22-3-2011 when i was at my residence at sharp 9.20 a person came to me with summons from metropolitan magistrate.
I was socked, My family get disturbed, That is this.
Sir, That day I came to know that a person who was caretaker of the Builder where we are living right now, Frequently visited out residence and drinks a cup of tea stay in my flats use our chairs to sheet, and build trust and any how he tear one leaf or any how he got this check.
That time i was living alone with younger brother and relative from Allahabad, we have every thing open that time as the flat was new and we were using our bed on floor.
After that i made my family i get married now i have baby our life was running smoothly. He never use to come my residence as i remember from May 2005. as he was living around 800 meter from residence. but we never personally meet for any kind of things.
Now what i need to do this matter? As This useless and time/money / prestige loosing matter that a person who knows me from very far far far and he is making 420 and file a litigation under 138.
as this is breach of trust and socking for me.
As I am from very defined family and running my own business.
its making me Bad.
Finally, I am requesting you to please guide me to come out from this matter. and what procedure i need to follow.
Thanking You
2 Answers from Attorneys
Well,
If he has filed a complaint againt you u/s 138 , you need to appear before the court and contest the case.
Regards
you have to blame yourself for the knocking away of a cheque leaf from your ICICI Bank Account at Allahabad. You need to defend the case by engaging a lawyer of good standing at the Magistrate Court from whom the summons have been received. Don't be slack in attending to the problem.
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