Next step?
Querist :
Anonymous
(Querist) 30 November 2011
This query is : Resolved
I had took your suggestion before about one of my friend who borrowed 72500 from me and now 58000 is pending he gives false commitement and does not completes his promise. I have 6 cheques from him which is signed but blank and a promise letter. What should be my next step as I think he is not willing to make the payment. Please suggest.
Devajyoti Barman
(Expert) 30 November 2011
If you want criminal action then get those dishonoured and file a case for cheque bouncing u/s 138 NI Act.
For civil remedy you have file s uit for recovery of money.
Advocate Bhartesh goyal
(Expert) 30 November 2011
Yes you can file both civil suit for recovery of money and criminal case for dishonour of cheque simultaneously by using the blank cheques.
Rajeev Kumar
(Expert) 30 November 2011
Yes you should file a civil suit for recovery as well as criminal case for dishonour of cheque in 138 NI Act simultaneously
Querist :
Anonymous
(Querist) 30 November 2011
I appreciate your responses. Thanks You.
Shonee Kapoor
(Expert) 01 December 2011
You have recourse in civil suit of recovery.
Because the cheques were blank, it doesnot entain any action u/s 138 of NI Act.
However, this is legal position. Other experts have given opinion on practical aspect of it, to which I don't agree.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 02 December 2011
So what should I do? Do you want him to fill the cheques? As he already signed it but also i am worried about the bouncing charges in my account.
M/s. Y-not legal services
(Expert) 02 December 2011
if its dishonored only the n.i act can enter in your case., otherwise you dont have case.,
all we are expecting as that will be dishonored only.,
in case if he having sufficient amount in his account mean there no need any csaes., just put the cheque for collection.,
the result will decide the next step..
Devajyoti Barman
(Expert) 07 December 2011
At least of the cheque gets bounced you can start new proceeding against him.
Querist :
Anonymous
(Querist) 11 December 2011
I did the same. All six cheques are bounced and is now in my hand, I have the letter in writing and his undertaking. I have 4 calls recording where he accepted how much he needs to pay me. Now I want to know can I contact my local police station with this documents as I pay all the money that I have to credit card company from where i borrowed money and gave to him. I do not have sufficient funds to appoint a private lawyer. Can I get a government lawyer nearby I stay in Malad west {Mumbai}.
