Friend not paying amaount borrowed
Querist :
Anonymous
(Querist) 17 April 2010
This query is : Resolved
I am the person who had asked for query on 498A on husbands friend.
As explained there in I used to help my friend financially also. Since the amount borrowed was on a higher side, my freind gave me 2 cheques one of 18000/- & other of 20000/- with my name written on it but no date. He told me when i will have funds you put the date & deposit the cheques to take your money. He owes me somewhere around 40000/-.
The thing is he left his job as he feels that his wife cannot ask alimony
or compensation if he is jobless. His parents are paying his car installments or else they will lose the car, even paying his new education course
fees to show he is studying hence cannot work. But for my money they say their son had used that money so when he will take job he will pay, this is ridiculous.
This domestic violence case may run for 2 yrs also & other 498A case & his divorce case may run for yrs so how can i wait so long to take my money. Since it was all done in friendship.
He does not want to keep any contact with me, as he has back stabbed me by writing something lies against me in the "say" filed against the complain made by his wife under domestic violence & nor does he want to reply any thing about returning the money he sent an sms saying now i dont have money i will pay when i have & he is not ready to do job also.
There is NO written proof regarding that, as all this was done under friendship now all i have is his 2 cheques. And i guess he will not keep any balance or will not have any money in his account as he has left his job also.
How can i get my money back ?
Can he prove that these cheques were given as security cheques ? but i feel they are not & if so what is my remedy to get my money back.
adv. rajeev ( rajoo )
(Expert) 17 April 2010
present the cheque for encashment and after issue notice u/s 138 of NI Act that " you had taken hand loan of Rs.40,000/- (he give the details of the case No. etc., to pay the advocates fees and o meet the other expenses like this). If he replied or not replied within the limitation period you can file a 138 case against him.
