Legal Question in Criminal Law in India

Undated Cheque

I have taken a personal loan from HSBC, amounted Rs.1,81,000. They have taken 6 undated cheque each of Rs5181X5 merely signed by me. Can the bank suit any case U/S 138 NI act on me in case of default.


Asked on 6/03/07, 6:18 am

7 Answers from Attorneys
Vivek Mapara Mapara Law Firm

Re: Undated Cheque

It is required to be know, as to what were the loan conditons. How the repayment was to be made. I could give you advice, only after knowing these facts.

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Answered on 6/04/07, 2:27 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Undated Cheque

Bank can initiate action u/s.138 NI against you.

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Answered on 6/04/07, 2:54 am
mrugank patnaik msnp

Re: Undated Cheque

yes,bank can fill the date.it will be deem to be fill-up by you.

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Answered on 6/05/07, 9:05 am
Vishwa Arya Arya & Co.

Re: Undated Cheque

In case of default, sure, the bank has two remedies. One under 138 NIAct and the other civil suit for recovery to their choice.

Vishwa Arya

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Answered on 6/03/07, 6:49 am

Re: Undated Cheque

Yes. They can do. HSBC is otherwise well known to harass its customers.beside said case they can also file recovery suit.Take precautionary measures to ensure that bank could not misuse your cheques.

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Answered on 6/03/07, 7:50 am
rajeshwar sharma rajeshwarnathsharma

Re: Undated Cheque

The bank has every legal right to sue you under section 138 of NI Act if you commit any default in makinf payment of your issued cheques beside recovery suit. For further query contect me.

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Answered on 6/03/07, 7:59 am
G. M. Gupta gmguptaandassociates

Re: Undated Cheque

absolutely YES.

Further beware that these private banks are on prowl for the defaulting people and impose heavy panalties for default.

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Answered on 6/04/07, 12:24 pm


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