Legal Question in Criminal Law in India

one ch dishonoured comlt pending, another ch to be lodged

On 05-11-2006 A loan of 35000/- was given payable in 12 monthly emi of 3325/- through 12 post dated monthly cheques of borrower. At the same time a guarantee is also taken and guarantor also gave postdated two cheques of Rs. 17500/- each dated 14-05-2008 and 14-05-2009 with the condition that if any cheque of borrower is returned and there is any balance amount in the loan a/c, creditor can get payment of the said cheques irrespective of whether creditor filed any case u/s 138 against borrower. On 30.04.2008 balance in loan a/c is Rs. 17744/- so after giving notice for invoking guarantee, ch of gurantor dt 14.05.2008 was presented, but said cheque is dishonoured, so creditor lodged complaint against guarantor u/s 138 for cheque dt 14.05.2008, but till today no payment came from either guarantor or borrower. Now balance is in loan a/c Rs. 20000/- . 1. Can another cheque of Rs. 17500/- dated 14.05.2009 lying with creditor be lodged and if dishonoured another complaint u/s 138 be lodged thus totaling Rs. 35000/- while amount in loan a/c is only about Rs. 20000/- 2. If answer in yes, whether another notice of rs. 20000/- should be served for demanding Rs. 20000/- before lodging another cheque dt 14.05.2009.


Asked on 4/04/09, 3:23 pm

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: one ch dishonoured comlt pending, another ch to be lodged

When the guarantee was invoked, outstanding loan and interest were claimed and cheque deposited.

If the guarantee is continuing guarantee, then it can be invoked again.

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Answered on 4/05/09, 1:12 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: one ch dishonoured comlt pending, another ch to be lodged

HELLO

GOOD AFTERNOON!

Yes you may proceed to file complaint after issuing notice to the Guarantor.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

OR

PLEASE MAIL FOR FURTHER QUERY.

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Answered on 4/06/09, 5:56 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: one ch dishonoured comlt pending, another ch to be lodged

yes

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Answered on 4/05/09, 7:57 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: one ch dishonoured comlt pending, another ch to be lodged

1. The lender/drawee may not be entitled to take this step while the complaint is pending before the court.

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Answered on 4/04/09, 6:57 pm
Yanala LaknaReddy Law towers

Re: one ch dishonoured comlt pending, another ch to be lodged

Yes, you can file complaint after issueing the notice to the guaranteer.

.

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Answered on 4/04/09, 8:45 pm


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