Regarding rental agreement


i have given some amount of money to my friend for 10% interest which he has to pay every month getting signed on an rental agreement mentioning the same, with the proof of cheque stating to be returned with in a year. and he had payed interest for few months to almost an year and now a days he is not paying interest on time and now he has stopped paying and receiving my calls and replying me now.

i have a aggrement signed by him along with a blank cheque signed by him.given as proof

so what can be done?
what should i do?
 
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sorry i forgot to mention.

he is staying in kolkata and me in bangalore.

if i want to case on him where should i file a complaint and how.

what is the procedure to be done.

please help.
 
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Retired employee.

Contact nearest Advocate, get the cheque filled properly for entire dues and present the cheque in your account at Bangalore and in case of return, proceed under NIA 138 as per your Advocate's opinion.


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sir since cheque is more then a year old still i can use it?
 
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Cheque life is only 3 months.

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since cheque is more then an year old what can be done now
 
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U cannot take action under section 138 NI Act against the defaulter. In fact you have lost the money. If still your lawyer is making you fool, then what else I can suggest you.

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but i have an aggrement signed by him stating all the matter, cant i climb through that agreement
 
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I have only said that you cannot take action against him under 138 NI Act. However, he will deny about any such agreement if you have no witness, but even then how the summons will be served to him, if you are opting the legal route.

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thank you so much sir
 
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