12 June 2018
Hello Sir! I have paid Rs. 1,53,000 by cash and Rs 43,000 by cheque in month of February 2018 to my friend for help of his business.He told me to refund this amount in month of May 2018 but he didn't yet and he was not gives any answer about refund my money. now he was not taking my phone calls or not given reply to my smses about my money. He was given me Two lacs PDC cheque but that cheque gon bounce for insufficient fund so now I'm thinking to file 138 case against him. please guide me properly regarding this matter. thank and regards!
12 June 2018
If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately. Such a chance has to be given only in the form of notice in writing.
The payee has to sent the notice to the drawer with 30 days from the date of receiving �Cheque Return Memo� from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.
14 June 2018
Repeated query hereinabove. Read provisions of section 138 and 142 of the Negotiable Instruments Act, 1881 or seek professional services of a local prudent lawyer for proper analyses, guidance and proceeding.
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 persualtion is socially criticized.