Legal Question in Criminal Law in India

Can bank file case for more amount taken from bank
sir,i taken one personal loan from one mnc bank for rs. 5 lac.issued 6 blank cheque as security.now after paying 10 emi(1,40,000).not able to pay reaming 38 emi.and making stop payment of security cheques.after 1 yr. bank use 2 cheque out of 6,each of rs. 3 lac(total 6 lac),and that return to bank for reason stop payment.now my question is that how can bank use security cheques for more then amount they give me.they not give any loan recall notice.they use already 2 cheque for rs. 6 lac and 4 cheque they have.

get two notice u/s 138 n.i. from bank lawyer.now what i do.

can bank file case u/s 138 by using security cheques.

can i recall my reaming cheques for bank.

please advice me.

can i take any action against bank.

Asked on 8/30/08, 5:53 am

4 Answers from Attorneys

M.P. SANJAY M.P. SANJAY M/s. Sanjay

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Re: Can bank file case for more amount taken from bank

No-1 Your question is not clear.

No-2 As you said you have instructed your banker to stop payment for remaning 38 EMI. Then how can your banker has clear the two cheques for Rs. 3 lakhs each.

No-3 If bank which you have taken withdrawn Rs 6 lakhs + 1,40,000/- the total is Rs. 7,40,000/- As per your statement you have already paid Rs. 7,40,000/-. You had paid excess amount to the bank.

Now you can demand statement from bank and how much interest they have charged to your loan amount.

If they had taken excess amount then you can file case in Consumer forum against both the banks.

M.P. SANJAY

Advocate

Answered on 8/30/08, 10:00 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Can bank file case for more amount taken from bank

The bank is entitled to file a case under section 138 if your cheques have been bounced.

The banker's books carry a presumption of truth. The statement of account they have prepared shall carry presumptive value.

In your situation, better option will be to settle the matter with the Bank.

However, if the bank is adamant and you are sure that you are being wronged, you may file a case in the Consumer Court/Commission or the civil court for property rememdy.

Answered on 8/30/08, 11:40 am

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