Cheque payment can not be claimed from the bowwoer.

Vick (Querist) 29 November 2013 This query is : Resolved
Dear Sir / Madam ,

in the month of October 2012 i gave money to my dearest friend thru cheque , he verbally promised me to return in 1 month. Now he says there is no Legal Way to claim that money back from him as there is no Legal contract , note , invoice or oath or affidavit given by him that he will repay the money in One month.

Can someone suggest.

B/Regards,

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ajay sethi (Expert) 29 November 2013
how much is cheque amount? issue notice to repay loan amount

Vick (Querist) 29 November 2013
2,00,000 indian rupees. Also Mr Sethi i dont have any document or contract which says that he has taken loan or would repay it back , it was pure freuindship that he was in dire need o money and humanitarian and as close friends i gave him thru cheque.

ajay sethi (Expert) 29 November 2013
well issue him legal notice to repay loan amount . file recovery suit .

Vick (Querist) 29 November 2013
thnks Mr. Sethi. , but can i do the same just on the basis that i gave him a cheque of 2 lac ruppes and against which i dont have a document signed as receipt by him.

ajay sethi (Expert) 29 November 2013
you have a weak case . he will contend it was a gift . issue notice . no harm in doing so . see what his defence is

Vick (Querist) 29 November 2013
Thanks Mr. Sethi.

All i have is my bank account showing 2 lac rupees going from my company account to his private account.

ajay sethi (Expert) 29 November 2013
contact a lawyer . issue legal notice

Rajendra K Goyal (Expert) 29 November 2013
Send him e-mail and SMS requesting him to return money he borrowed as friendly transaction. If in any reply he accepts that he was in need and taken this money it may become proof in your hand. Later send him legal notice. You can call him and may record his conversation regarding refusal to return the loan taken.
In such a weak case proofs have to be created / gathered.

Devajyoti Barman (Expert) 29 November 2013
Since you have a cheque to prove you have a strong case.
Remember loan agreement can very well be verbal and you have to make such case only.