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Bharat Raj (Self Employed)     26 December 2015

Cheque bounce

Hi Sirs,

My friend burrowed Rs10,000/- from me 15 days back and has given me a cheque without date and asked me too call him when i need money. But now he is saying that he does not have money in his account and neither he is returning my money. What action should be taken against him. He is making me go round and round for the money. He is still not sure when he will return the money. The time which he promised was 10 days at the time of taking money from.

Kindly Advice!

 

 



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     26 December 2015

Better go for amicable settlement for the amount lent by tactful means.As he is UR friend ask him to repay atleast in instalments,if he is not in a position UR money in lumpsum.If U think of legal action with the cheque in UR hand,it will take years to conclude in the trial court.As the amount lent is only 10,000 do as I suggested.

1 Like

adv.raghavan (Advocate,9444674980)     27 December 2015

I do agree with expert Sainath

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 December 2015

Try your best to get your money back by amicable means. If you go to court the lawyer's fees may be much more than Rs.10000/-

If all the amicable means are exhausted, put date on the cheque and present it in your bank. If the cheque gets returned send a notice to your so called friend by Registered AD. If you are able to get a lawyer for a small fee send him the notice as a lawyer notice. You yourself can send the notice. But a lawyer's notice instils fear in the accused. Be careful that your lawyer does not put unnecessary sentences. Exaggerations have no legal value and falsehoods may lack consistancy.. If your former friend pays, congratulate yourself. If your friend still does not pay you can go to court provided you can fight the cases yourself without engaging a lawyer. As I said earlier Rs.10000/- is too small an amount to engage a lawyer. It is not that difficult if you decide to fight yourself. If Rs.10000/- is too small an amount for you to engage a lawyer, it is a small amount for your former friend also to pay a lawyer to defend himself. Prosecution under Section:138 has ample provisions for compounding the case. The court summons itself will suggest how the accused can settle the case out of court. If your former friend still persists he may have to shell out a big amount for bail. It can be as high as Rs.5000/- or more. If the accused is summoned to the court make sure that you also attend the court to oppose his bail.

Are you a Kannadiga? You may not know Tamil. In Tamil there is a proverb which says "beating the chest for a wage". On the day of Moharram all Muslims have to mourn the death of some of their saints by beating the chest. In Chennai they go to Marina Beach for the ceremony. Some people who are not able to go, pay a proxy to go to the Beach. After all, the proxy is doing it only to earn the money. So he will not beat his own chests that hard. Lawyers are professional proxys of their clients.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 December 2015

Please note that each of the steps mentioned by me has a time limit. If you exceed the time limits you will lose the case.  


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