Recovery of money
Anand Sharma
(Querist) 30 June 2015
This query is : Resolved
Dear Sir
I lent 40,000 rs. to a person and he promised me to repay the same within 6 months along with the interest on the aforesaid sum. He also signed on a 100 Rs. blank stamp and a blank cheque and both are in my possession. It's been more thn 8 months and that person is not at all willing to give my money back. What recourse or steps i can take in order to get my money back.
M V Gupta
(Expert) 01 July 2015
What prevented u from taking a promissory note when u lent such huge amount? This would have helped u to file a summary suit for recovering ur amount with interest.What was ur idea in taking a blank stamp paper with his signature and blank cheque? Beware if u write something on the blank stamp paper u may face charges of forging a document. Ofcourse many people try to fill up the blank cheque and try to collect their dues. However this is not a legally sound practice and u may face counter allegations of fraud and extortion from the other party.
Anand Sharma
(Querist) 01 July 2015
Sir,
What am I supposed to do now?
P. Venu
(Expert) 01 July 2015
You may send a Notice, preferably through a lawyer, demanding the payment.
Dr J C Vashista
(Expert) 02 July 2015
If you can take blank signed Rs. 100/- stamp paper and signed blank cheque, write an amount of your choice, send a legal notice and file a suit for recovery, besides complaint case u/s 138 NI Act.
