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Author Topic: Cheque issued against hand loan but account was closed  (Read 1547 times)

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Offline balina2k

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Cheque issued against hand loan but account was closed
« on: October 15, 2016, 09:49:27 PM »

  I have a peculair issue. One of my cousin issued a cheque against a hand loan taken five years ago, the cheque was issued without  mentioning  the date. since the agreed time has lapsed and also my cousin is not appearing nor he is traceable to me since last four years. i was bit worried to put the cheque in bank all these years as i came to know that he has turned a mischeif person and moving with goons, since i am bit soft and do not have guts to handle any goons or people who threatnes me,so i was hesitating to put the cheque in bank anticipating if the cheque bounce case is filed against him he might attack me. However since i have started financial problems these days I thought of requesting my money but he is not traceable however when i enquired about the status of the bank account on the cheque issued. i came to know that the bank account was closed before 4 years which i was not aware until the time i enquired . So now i am worried whether the cheque issued to me will have any legal rights as the bank account was closed about 4 years ago.

My questions:

whether i can present the cheque for clearance now ?
what will happen to the cheque since the account got closed ?
will i be able to file the legal case in this case ( cheque issued but the account was closed)?
Can i file a police FIR thru court since the cheque was issued but without intimation or information to me the cheque issuer has close the account?
do i need to send any legal notice to bank as how come bank close the account without undertakiing the unused cheques ?
what is the probability of winning the case?
Thanks in advance and request you all to please advice and help me

Thanks and Regards


Offline advjaibansal

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Re: Cheque issued against hand loan but account was closed
« Reply #1 on: November 17, 2016, 01:44:27 AM »
Dear Sir,

Please don't think so much. Just deposit the cheque and you know now that it will be bounced. Once the cheque is bounced then file a cheque bouncing case. Please do show that the cheque is given to you now.

jai bansal
Advocate, New Delhi
Supreme Court of India
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