Money cheating case

Querist : Anonymous (Querist) 30 April 2010 This query is : Resolved
3 months ago I have given cash money to one of friend.
He has given me one cheque during that time post dated one.
Later when i ask him he started giving me execuses and not pickup the phone.
he also given me bearer check but that also not useful as bank says there is no balance
now he is refusing to give money and pick up my phone and threaten
what should i do

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Arvind Singh Chauhan (Expert) 30 April 2010
First present the cheque to the bank and let it be dishonored. Issue legal demand notice to him within 30 days of dishonor of cheque. If he does not pay within 15 days of receipt of this notice, file complaint under Sec 138 NI Act. It would be better to seek help of advocate.

Parveen Kr. Aggarwal (Expert) 01 May 2010
Besides filing a complaint under section 138 of the N. I. Act as advised by Mr. Arvind, you may also institute a suit for recovery of the amount.

mahendrakumar (Expert) 01 May 2010
in the absence of proof of the transaction,i.e between the friends,how does this case going to help him?

couldn't his friend say that he has given the cheque as a loan and however due to unforeseen circumstances he could not arrange the fund or something like that?

senkottayan (Expert) 01 May 2010
present the cheque to the bank and let it be dishonored. Issue notice to your friend within 30 days of dishonor of cheque. even after receipt of your notice if he doesn't pay within 15 days, file a complaint under Sec 138 NI Act.
even after filing of the complaint under section 138 NI act if he doesn't pay any then u may file a civil suit against him for recovery of money in the civil court.

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