Mani (SA) 25 June 2014

Cheque issue - nri urgent help plz

I gave loan to my friend of 6.5 Lacks without any written agreement but he gave me two blank cheques. He promised to repay the amount in six months with interest of 1%. I have few SMS sent to him and replied regarding the repayment as a proof (Loan Amount is not mentioned). But now he is avoiding my calls and Im in USA. Im sure the cheque would bounce if I Present. My questions

1. There is no written agreement that I have 6.5 L, still I can fill the amount 6.5L and present the cheque?

2. What if he issued stop payment or cheque lost ?

3. Can I still file a case when am in USA?

4. I read somewhere if a cheque is issued under gift then no action would be taken. What if he claims so?

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 26 June 2014

You should fill the cheques and present for encashment. When you have informed the person about the dishonour of the cheque, in case the information is given within 30 days from the dishonour of the cheque, you can file a Complaint under Section 138 of Negotiable Instrument Act within one month after the expiry of notice period of 30 days. You can give G.P.A. to indian friend and file a case in India.

Mani (SA) 26 June 2014

Thanks for ur reply Mr.Ramachary. I know the basic procedures. But I have some specific questions quoted in my original thread. Could you please try answering those? You help wld be highly appreciatable