Tackle my Difficulty in recovery even after getting cheques?
(Querist) 17 July 2009
This query is : Resolved
Can't I recover money even if I have cheques/pronotes of my borrowers-please read full story answer then only? I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronotes are duly signed and thumb impressed by his wife also as a witness.
Now he has stopped paying me anything since last 4 months.
When I demanded my money back, he said that he won’t and I can’t do anything against him legally as he has reported 4 months back the local police station that he and his wife were sitting with Mr.“X” in a car and signed two cheques and pronotes etc. for Mr. X because he was about to borrow some money from X .At once some armed persons attacked them along with some cash and gold, they looted the cheques and pronotes etc also. And he said that he has given the same report to the bank also whose cheques these were.
And now if I will use these cheques and pronotes I will be at loss. I will be considered a criminal who some how was involved in that loot and now trying to further cheat him by using those cheques and pronotes etc.
Where do I stand legally? I s there any way out for me recover my money? Plz. help. Thanx in advance.
when the report was given your name was not mentioned in the police report. Equally your name was not spelt while reporting to Bank. It is for the promisor to explain how the cheque came into your possession. Hence do not worry. Give notice of dishonour and file the complaint. You can answer all his question when he comes up with defence. When ones he admits his signature on the cheque the burden is totally on him to explain all the circumstances. Do not worry, even if he files a complaint, he has to prove every thing since you can prove his dealings with you. Be happy and proceed.