Crimenal
Sir, Since 10 months i am attending my chqeue bounce case, before signing HP agreement, for the purchase of second hand TATA tipper, I had issued 7 signed
blank cheques, with blank dates to the financier, (One of the condition for sanctioning loan). Financer took agreement from me, and did not issue loan in my name, instead, financer wiped off the arrears / dues due by the first vehile owner. In short he transfered HP in my name.
1) My question is, is it according to the defination or rules of Hire Purchase Agreement Act.
2) The bounced cheque was not in my custody, it already issued when there was no liability, before signing agreement.
2) The issued cheques for Security purpose, were Savings Bank A/c, but not of Current A/c, Rules of SB a/c is that one cannot issue SB A/c cheque for Commercial Transaction.
3) Financer has not produced Receipt, along with my signature or acknowledgement to prove that issued cheque were for withdrawal purpose.
Kindly suggest me how can i defend,
Thanking you.
1 Reply
Thee cannot be a condition for loan that the Post Dated Cheques should be undated. They can only be post-dated.
If you can prove that the dates on the cheques were inserted by the lender at his own convenience without your concurrence, there can be no case against you if you did not honour those cheques.
You can also establish that the agreement itself was void because of the condition regarding undated cheques.
The other issues narrated by you are not clear. You may please explain what your other problems are.