Vinayadatt (professor) 10 May 2014
To help an aquittance I extended a loan of 25thousand and he gave a chequue of 35thousand with a blank stamp paper withg his signature. After 3 years is also he is not paying back my money. So can i - go for check bounce case.. after depositing his and his surities cheques? Is there any law that allow sme to go police and book under cheating as I see this process can be faster. Please advise. Thanks in advance!
adv.raghavan (Advocate,9444674980) 10 May 2014
You cannot initiate both 138 and criminal complaint against the person.,under section 417 and 420 IPC. You have only one option ,but you can file civil suit against the person. I advice you to go for 138 rather criminal complaint.
Vinayadatt (professor) 11 May 2014
Sir, if I know right 138 is civil suit and is smilar to the cheque bounce case. It will take a very long time to settle and expenses are more inters of court fee stamp duty and lawyers fee etc. Any other remedy quicker than this!
adv.raghavan (Advocate,9444674980) 11 May 2014
138 is under negotiable instrument act, which is a criminal case. I do not think it is expensive, when compared to civil suit. I have provided u options, the rest u have to take a call.
SANTOSH GANGUL (lawyer) 18 September 2017
go for cheque bounce case first. After cheque bounce send him legal through advocate he may come for settlement.If not file case u/s138.
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