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mohan   26 April 2015

Bad loan - cheque bounce

I loaned 20 Lakh Rupees to a family (A - the father, B - the mother, C - the daughter, D -  Son-In-Law). I have promissory notes and blank cheques from A, B and C. After all the cheques bounced, I served legal notices too. But, the notices are getting returned since the other party is not taking them. 

The whereabouts of A and B are unknown. But, D is an employee of HPCL, Noida and his address and contact number is known. But, I do not have any promissory note or blank cheque directly from him. His wife i.e. C signed a blank cheque (joint account of C and D) and this cheque bounced. Any legal notice sent to them is getting returned. 

Please tell me how I should proceed.



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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 April 2015

Do not bother about the returning of legal notices. The same copies can be filed along with a petition in the criminal courts for cheque bounce cases under section 138 immediately.  Collect bankers memos  for return of cheques and submit. 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 April 2015

Sir, Initiate legal proceedings and take your money back, because in a way he has given the promissory note as an assurance of the returning the money .... Warm Regards Kapil Chandna Adv 9899011450

Kumar Doab (FIN)     26 April 2015

Approach your lawyer and proceed further.

mohan   26 April 2015

Thanks for the replies Mr. Ramachary and Mr. Kapil. 

 

I have promissory notes from A, B and C (Father, Mother and Daughter) only. A and B are absconding. Since, their son-in-law is an employee of HPCL I managed to get address and phone number.  Looks to me like he is the only person through whom I can get back my money. But, I do not have any promissory note from him. I have promissory note signed by his wife and a blank cheque signed by his wife (but, joint account of husband and wife). 

 

Is there any possibility to file the complaint in the name of  the son-in-law too? (Since his wife signed the promissory note and blank cheque and is not responding to any correspondence regarding this matter)


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