A foreign bank has sent me legal notice under section 138 of negotiable instrument act for cheque returned unpaid. As per them the cheque was issued against the payment of credit card.
I do not have any card of this bank and have never issued such cheque to anyone as described in the notice. My wife is very annoyed with me on this even though I have explained to her this is a wrong notice.
What are the legal remedies available to me? Can I file suit for defamation? Can I demand compensation for mental agony?
2007-05-29 20:18:10 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Such a legal notice definitely amounts to defamation as by the words written to be read concerning you & harm your reputation. Reply this notice denying all charges levied therein against you & charge them with the offence of defamation against you for which you propose to take legal action both in criminal as well civil suit against them at their risk & cost.
2007-05-29 20:53:21 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Immediately send them a very sternly worded reply informing them that you do not hold their bank's credit card, nor have you issued the cheque in reference. Demand a copy of the cheque to see if anyone has forged your signature and demand that the bank launch an immediate investigation into the matter. Alternately, file a complaint at the Magistrates court, or go to the Police station and lodge an FIR. If someone has fraudulently obtained a credit card in your name, created a false bank account in your name, issued cheques in your name, it is a very serious criminal matter. This is the more important matter. Defamation comes later.
Regarding Defamation, is anything offensive stated in the notice to you which you construe as defamatory ?
2007-05-31 00:48:01 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Dont afraid, Legaly I dont know but, if you dont have any credit card and bank has sent the legal notice for dishonor of cheque.
First speak to customer care of that bank, reveal the truth & facts regarding notice. if u found that its true, then consult any consumer lawyer, to sue a case against them & compensation.
Also many channels are providing helpline for this type of case & also contact them like NDTV, Awaz channel of CNBC, Doordarshan Ghrahak mude etc.etc.
2007-05-29 20:51:11 · answer #3 · answered by sunny 3 · 0⤊ 0⤋
If an over draft on her account isn't a habitual situation, they must have the courtesy to do away with that $35 value. often banks will try this for "first time offenders". yet yeah, it sounds like they are scamming her.
2016-11-23 17:06:13 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You should lodge a complaint to the nearest police station complaining that you are unnecessarily being harassed for a purpose to which you are not at all a party.
2007-05-31 18:48:52 · answer #5 · answered by VP K 3 · 0⤊ 0⤋
If you send any personal info, your i.d. will be stolen and your bank account will be drained. Don't do it. It's a scam.
2007-05-29 20:30:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you are being scammed. do not answer.
2007-05-29 20:34:05 · answer #7 · answered by Anonymous · 0⤊ 0⤋