Will Court do in my favour ?

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Will Court do in my favour ?
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a friend of mine was requesting me for a loan of Rs.25,000.00 from me. at that time I was not having money so after his continuous request I issued him a post dated cheque. after 2-3 days I came to know that he will not return my money so I made a STOP PAYMENT REQUEST to my bank. He filed a case against me U/s 138 & 142 of Negotiable Instrument Act. He filed in the complaint that he given friendly loan to me and I issued that cheque in discharge of that loan amount. Its me and not he who borrowed the sum. Now what are the ways open for me to proceed in this matter ? Will Court do in my favour ?

~Sum Guy~

I am not a lawyer and I don't know what the laws are in your country.

Most old British Law still is on the books in many countries today that are no longer under British control, but once was in history.

In general, if you decide to cancel the loan, it is your money. He will probably have a tough time forcing you go give him a loan in any legal format, unless you received some material consideration.

I would counter sue for filing a frivolous lawsuit.

damodarbiswal@ymail.com

It depends on the kind of proof both of u can arrange.If he can prove that u had taken loan from him n u had issued a cheque to discharge the liability u will be in trouble.The court may ask u to pay double the amount of the cheque n undergo two years rigorous imprisonment.

If u can prove that the cheque was issued to help him n subsequently change ur mind n asked ur banker to stop payment,u may be saved.

Is he ur friend?

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