Bounce cheque
Hardik Patel
(Querist) 28 May 2017
This query is : Resolved
Hello sir,
My name is Hardik Patel.
I have given my friend money Rs. 1,50,000 for 1 month on date 08/04/2017.
In that money,
Cash given Rs. 50,000.
By Cheque in his name Rs. 50,000.
By NEFT in his wife a/c Rs. 50,000.
I have a cheque for security of his wife's account with sign only. No amount and date written on it.
Now he refused to pay any money back. Problem is that the cheque given to me he told to his bank that the particular cheque number was lost so stop payment.
One our common friend told me that but i haven't ask him that you do it or not.
What should i do ?
I deposit the cheque which is already lost by his husband was bounce a month back. Then he told me not to do any legal action he will pay money in 15 days. But he cant pay me any single rupee.
What should i do ??
Can i file a case against his wife ?
Please give me prompt rply as soon as possible.
Thank You Sir.
dr g balakrishnan
(Expert) 28 May 2017
u file immediately within in the 3 months from the date of chq as cheque become dud in 3 months from the date of issue date- so if it is within three months , you file 138 under NIA.
Advocate Bhartesh goyal
(Expert) 28 May 2017
Yes, you should initiate proceedings under the provisions of N.I.Act against your friends wife.
Sudhir Kumar, Advocate
(Expert) 29 May 2017
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
Such loan is taken by a person:-
(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.
(ii) who cannot raise bank loan because :-
Either
he himself is not creditworthy
Or
the purpose for which he seeks loan is illegal
or
the purpose for which he seeks loan is not at all commercially viable.
(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.
So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)
Such loans are given by the persons :-
(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.
Such loans are always given
(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations
Soon after giving such loan :-
(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persuasion is socially criticized.
Sudhir Kumar, Advocate
(Expert) 29 May 2017
Now coming to your case.
You have already been fooled.
(i) You gave money
(ii) you gave money without papers
(iii) you gave money by different modes
(iv) you were given cheque without intention of paying.
(v) you did not present cheque in time.
(vi) you have been requested 15 days time so that you lapse your period for issuing notice for cheque bouncing, which is prerequisite for filing cheque bouncing case under NI Act.
You are not panning FIR against both in cheating matter.
If you are not able to prove that the loan was due then you will be accused of stealing the cheque.
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Guest
(Expert) 29 May 2017
Consult A Local Good Senior Advocate and Discuss in detail and Proceed
Guest
(Expert) 29 May 2017
Rare would be the chance to win, if you file a case in the court of law, as no evidence seems to be in your favour.
Guest
(Expert) 29 May 2017
Cheque bouncing case Sec !38 to be filed with in 30 days of Cheque bounce
Guest
(Expert) 29 May 2017
Validity of Cheque is 3 moth
Guest
(Expert) 29 May 2017
You could Present It again also
Guest
(Expert) 29 May 2017
Discuss and Confirm with a Local Good Advocate and Proceed
Rajendra K Goyal
(Expert) 29 May 2017
One alternate is to file recovery suit, discuss with your lawyer.
Sudhir Kumar, Advocate
(Expert) 29 May 2017
I donot see action unser NI Act to have been totally barred.
But it is only a punitive process
You can consider filing recovery suit
Guest
(Expert) 29 May 2017
Agree wiyh Mr.Rk Goyal and Mr.Sudhir Kumar
Guest
(Expert) 29 May 2017
Well Advised
Dr J C Vashista
(Expert) 30 May 2017
Both the options i.e., complaint u/s 138 NI Act, 1881 and Suit u/o XXXVII CPC, 1908 are available and must be utelised.
Consult and engage a local prudent lawyer.
