Bounced chq
shijo
(Querist) 25 January 2016
This query is : Resolved
I had given 5 lakh to my friend. They gave me a chq dated Dec 2014. I could not take legal action since I am residing abroad. what options available to get the money back? i gave 5 lakh by cash. I don't have any other proof to show other than chq with note from bank "insufficient fund" .
will i get the money back?
what are the chances of getting the money back?
kindly confirm
shijo
rajagopal.s
(Expert) 25 January 2016
Hi Shijo
You may be time barred by 138 NI .
However you may file a cheating case in the court and the bounced cheque itself is a proof for you to file the cheating case.
Anirudh
(Expert) 25 January 2016
YOU HAVE NO CHANCE OF GETTING BACK THE MONEY THROUGH LEGAL MEANS.
shijo
(Querist) 25 January 2016
why you say that? can you clarify? why i have no chance at all?/ pl
shijo
Sudhir Kumar, Advocate
(Expert) 26 January 2016
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
Sudhir Kumar, Advocate
(Expert) 26 January 2016
You have a proof that cheque bounced but you do not have a proof that any money was payable to you. SO though you are "holder" of the cheque but not "holder in due course". Therefore actin u/s 138 of NI Act would not have succeed even if filed in time. In any case you have lost the time and case is time barred.
since cheque was issued without intention of honouring (i.e. without keeping sufficient balance)a case u/s 420 could have been initiated . You case still think of filing civil suit also provided you have proof of lending money. It may be better if you meet a lawyer with all the papers.
Rajendra K Goyal
(Expert) 26 January 2016
In view of the given facts, agree with the advice from expert Sudhir Kumar.
shijo
(Querist) 26 January 2016
I know that i can only file a civil suit bcos time surpassed. If i file suit, will I get the money back? that my question. YES. The chq got bounced in Kerala. They had written cash when they issued the chq;however, I sent it my bank(hdfc) for collection and got returned without insufficient fund. They are not my relative but neighbour before. I have no direct proof that the cash was given to them;however, I have proof that i have withdrawn cash from my bank in 2012 when i gave cash to them.
pls give a answer so that i can go to india and file a civil suit
shijo
Anirudh
(Expert) 27 January 2016
What is the proof that the money withdrawn by you was given to them? Without this, how will you proceed? Even if you proceed, how will you succeed?
shijo
(Querist) 27 January 2016
i don't know...so u mean that i won't have any chance to get the money via court.
can a good advocate prove that?
shijo
Anirudh
(Expert) 27 January 2016
Very difficult to prove - whether it is a good lawyer or bad lawyer.
shijo
(Querist) 27 January 2016
i have telephonic call records that I have talked with them. Will court consider telephonic conversation as proof ?
shijo
shijo
(Querist) 30 January 2016
I would appreciate if anyone get tell me that will court consider the video recording and telephone recording of the the other party family members as a poof on my chq bounce case?
thanks
shijo
Dr J C Vashista
(Expert) 31 January 2016
Consult and engage a local lawyer to file and proceed in a suit for recovery. You may get the money back or not depends upon the evidence(s) you can produce/prove.
shijo
(Querist) 31 January 2016
my question is whether or not will the court consider the video recording and telephone conversation with the other party family members as a poof on my chq bounce case?
pls let me know
shijo
(Querist) 03 February 2016
my question is whether or not will the court consider the video recording and telephone conversation with the other party family members as a poof on my chq bounce case?
Dr J C Vashista
(Expert) 03 February 2016
Consult your lawyer.
The experts have advised you adequatly, close this thread.
