cheque bounse
Sameer
(Querist) 08 December 2016
This query is : Resolved
me & my wife gave 5 lack to my friend as loan. my wife gave 2.5 lack to my friend by cheque from her account & i gave 2.5 lack by cheque.
To repaid amount my friend gave me cheque of 5 lack in my name & got bounce due to stop payment by drawer.
can i liable to claim for cheque amount which is given by my friend .
Guest
(Expert) 08 December 2016
No True Facts in the Query and Just Imaginary.Experts should Refer all his Past Queries
Hemant Agarwal
(Expert) 09 December 2016
"Sameer"
1. You alone can also initiate N.I.Act proceedings for the 5 lakh bounced cheque amount and at the time of evidence and cross, your wife could record appropriate statement against the accused, for her 2.5 lakh in your favor.
2. HOWEVER, "IF" you are functioning as a "Commercial Loan Lender" (under the parameters of the Money Lending Act), "without" proper registration /license, "THEN" the loaned-amount is lawfully NOT recoverable in any Court.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 09 December 2016
The 2nd Point of Mr.Hemant Agarwal is Irrelevant.If he could Visit the Courts there are So many Sec138 cases where all the Petitioners are Not Money Lender License Holders.Please Do Not Misguide the Querist Mr.Hemant Agarwal
Rajendra K Goyal
(Expert) 09 December 2016
You can proceed with the cheque bounce case, send legal notice within time.
Can file civil case for recovery.
also can lodge FIR for fraud etc.
Dr J C Vashista
(Expert) 12 December 2016
Well advised by experts, nothing more to add.
Issue legal notice and file a complaint u/s 138 of the Negotiable Instruments Act, 1881 and a summary suit u/o XXXVII Code of Civil Procedure, 1908, for recovery of the amount through a local prudent lawyer.
Rajendra K Goyal
(Expert) 12 December 2016
Agree with the additional guidance provided by the Expert Dr J C Vashista.
Hemant Agarwal
(Expert) 13 December 2016
http://www.lawyersclubindia.com/experts/Regarding-cheque-bounce-625301.asp
Expert : Dr J C Vashista, is a one of the most SENIOR person on the Expert Panel. He mentions:
" 2. Very well explained and advised by expert Mr Hemant Agarwal, I fully agree and appreciate his analytical approach and legal acumen. "
Special Thanks "Dr J C Vashista" for the comments, AND
Heartfelt Thanks to EXPERT "Shri Rajendra K Goyal" and EXPERT "Shri Kumar Doab", who truely endorse my suggestions and advices, to the needy queriests.
Also to mention one another expert, who is extraordinarily ignorantly ARROGANT with an Uruly Mental Itch. Not good in a Legal Profession. Must desist from such habit-forming nuisance.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 13 December 2016
mr.hemant agarwal could you Justify Your 2nd Point mentioned by you Legally.
Rajendra K Goyal
(Expert) 13 December 2016
Expert Hemant Agarwal,
You are welcome.
Dr J C Vashista
(Expert) 13 December 2016
Respected Sh. Hemant Agarwal,
I have given my independent comments for your opinion and response qua specific query as you deserved, which I use to submit as I observed spontaneously.
Regards.
Guest
(Expert) 13 December 2016
mr.hemant agarwal I am asking you for clarification in your First Post Second Para.
Guest
(Expert) 13 December 2016
mr.hemant agarwal In One Thread you had Posted " Court Registrar would Assist the Honorable Judges in Drafting the Judgement".Which you had not Clarified Yet Inspite of Several Reminders by Me.Again in this Thread You are Posting Sec 138 Cheque Bouncing Cases Could be Filed Only by Persons Holding Money Lending License.Refer your First Post Second Para in this Thread.I Need a Legal Justification for Both of These Statements By You.
