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Surya (Manager)     19 March 2013

Check validy for hand loan

Hi,

 I gave 2 lakhs cash to a family friend 2 years back and he is not ready to return the money. While taking the cash, he had given 2 cheques without name for 2 lakhs. I approached a lawyer for suggestion. He is saying the cheques are not useful without a promisory note as he may say he lost the cheques or we got stole them.

Can I deposi the cheques and if they bounce, can I take legal action against him. Without having the promissory note or any other evidence for the cash transaction (other than the amount withdrawn from bank) , is it possible to recover the money from him. Can you please advise me on the approach? The cheque is the old one and I believe it is not valid after March 31st.

Thanks!!

 

 



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 6 Replies

R Trivedi (advocate.dma@gmail.com)     19 March 2013

If you wait and do nothing, you will not get anything.

 

Whatever the learned lawyer of yours has told is a matter of defense, but nothing stops you from initiating the process. Talk to your family friend, if you feel that he will not return your money, then get the cheque bounced and  send notice under S.138 within 30 days of dishonor. Make sure that you fill up the actual due amount. 

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     19 March 2013

Ld Trivedi is right, kindly follow the advice ....

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     19 March 2013

what happened R TRIVEDI  about section-20 and blank cheques for which you were dishing out advice earlier.

 

Far such victims of cheqie bounce cases please remember you have simple sure solutions to come out of it since complanants make many mistakes on such advices and so there  are many loop holes left.

 

contributors are welcome  to find fauls in such  situations and also about  spelling / grammer  mistakes  which creep in so that others should also remain busy.

R Trivedi (advocate.dma@gmail.com)     19 March 2013

Mr. Laxminarain,

 

you do not understand the law, and neither you understand the simple English. Your knowledge is extremely restricted on both the fronts. I could have ignored your whare (for where), your delligant (for diligent) but last time when you wrote full proof for foolproof, nothing was left from your side to demonstrate your knowledge of language and similarly when you stated that S.315 CrPC is not set aside by SC, then nothing was left from your side to demonstrate your knowledege of law.

 

I am also enlightened by your theory of Darkness, that power of darkness is immense since light fizzles out. I have not heard a single educated man stating this, you are forgetting that a small speckle of light can demolish the mighty darkness. Laxminarain, you are forgetting that it was Laxminarain (Lord Rama) only who demolished the darkness called Ravana, It was the Laxminarain (Lord krishna) only who demolished the darkness called Kansa and Kauravas and it was the Laxminarain himself only (In Gita) that whenever Darkness tries to triumphant over light, I will come.

 

So my dear friend, I have nothing against you and neither do I have anything against 2-3 more people who are supporting you, it is my advise to you all that enhance your knowledege, law is a very wide subject, read as much as possible on the subject of interest, spare some time from nitty gritty of dates and enlighten yourself with knowledge. See that you will be a different man in time to come. My harsh words are only to make you wake up, that it could be right that you have saved many accused due to your aggressive defense, but is that all ? If you oppose me even now, then I would say that I failed in my efforts to motivate you in right directions, my methodology to pass on this message may be harsh and unacceptable, but I do not wish to see an otherwise good energetic lawyer, end up as a mediocre professional.... Best of Luck.

 

Mr Surya,

 

Please go ahead and initiate the process. If you are truthful, you have nothing to loose. It is the the matter that it was a blank  cheque, let the accused side come forward and use this as defense. The advise given by your lawyer that these cheques are useless is not sound, you can certainly initiate the process with the help of dishonor cheque and dishonor slip, the outcome of the case will be a long drawn process and cannot be predicted in advance. See from this angle, if you do not initiate the process, you get nothing, but if you initiate the process it is quite likely that on receipt of notice your friend may come forward and propose some compromise.

 

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     19 March 2013

Ld. Trivedi, This is very silent and useful advice.

Surya (Manager)     19 March 2013

Thanks a lot Trivedi ji!! I'll move forward on this.

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