Legal Question in Criminal Law in India

i have applied for a home loan against which blank security cheque's were taken by the institution. disbursement of loan was directly made to builder without mortgaging the property or aquiring the flat for me in liue of loan paid to builder. thereafter repayment of loan was asked from me since i was not benefited with any property i did not repay monthly emi's, on this situation they banked the security cheque for the pending emi's which was bounced. on this they filed a suit against me under section 138. descision of the court has gone against me, i've been convicted wherein my stake is that i was in no way beneficery of the cheque bounced. kindly comment on the descision of judge against me that when i didn't received any loan amount from the institution and no property was handed over to me by the builder in liue of money received by builder.


Asked on 9/15/09, 11:57 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the complainant has to show that the cheque is against a legally enforceable debt or liability and in case the property was not handed over to you, you not liable. better reproduce the judgment here.

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Answered on 9/16/09, 3:43 am
Pravin Vaidya Independent

Please email me full details including the copies of relevant court papers to give you proper advice

Pravin Vaidya([email protected])

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Answered on 10/12/09, 7:50 am


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