Legal Question in Criminal Law in India

Cheque

I took car loan from citibank.The tenure was 5 years,but it was changed to 3 years by dma of citibank.I filed suit for mandatory injunction.All the parties,included dma and citi bank are being proceeded exparte.I have plea that the amount of cheque for debt liability was rs.6990/-.But the citibank got bounced my cheque with amount rs.9650/- not filled by my hand writing.The case is for evidence in distt. Courts,chandigarh.The bank is holding out threats to me to pay the full loan mand not only the cheque amount.If i deposit the cheque aount of rs.9650/- by way of draft in the court,what will be the conequences.I want relief and total justice.Can the court accept the cheque amount in the record.Please send e apex court citation for my help.


Asked on 4/27/07, 3:11 am

5 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Cheque

Your facts are not complete. What mandate did you seek from the court?

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Answered on 4/27/07, 3:47 pm
mrugank patnaik msnp

Re: Cheque

you can contest

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Answered on 4/30/07, 9:49 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque

You did not clarify as to when and how Citi Bank came in possession of your blank singed cheques and how may of them. Normally, EMI cheques are fully filled up cheques.

As far as provisions of section 138 NI are concerned, you do not have an option getting the case dismissed by depositing cheque amount in the court. It is for the complainant to agree and accept withdrawal or compounding of case.

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Answered on 4/28/07, 2:31 am

Re: Cheque

Mere diposit for cheque amount will not solve your problem till the same is accepted by bank and the matter is agreed as compromised by bank.You may consult Supreme court digest or a book on cheque bouncing cases to get citation.

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Answered on 4/27/07, 10:26 am
G. M. Gupta gmguptaandassociates

Re: Cheque

there are a number of judgements for your help in cheque bounce cases but its difficult to tell here

further your details are not clear

anyway its the general practice of citi bank and other such banks to cheat unwary loan seekers and if you will fight then it is possible that you need not to give anything to them

give complete details on my email and i will help you. fight tooth and nail

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Answered on 4/27/07, 11:38 am


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