Debt not given, pro-note and cheques were given
sivasankar
(Querist) 30 January 2010
This query is : Resolved
Hi,
I am working in private concern. I know raj for some time, and he is doing various business. I have given Rs. 1 Lakh as debt for his business requirements at nov 2008.
A pro-note is written in the white paper promising an interest rate of 18%. A revenue stamp is affixed and Raj signed it across the revenue stamp at nov 2008. He has given the monthly interest for 9 months till july 2009 only by cash. At july we demanded the full 1 lakh in return for our medical purposes.
He has given Rs.25000 in cash at sep2009, and promised to give the remaining amount within a week. But after that he has given neither the remaining principal amount nor any interest.
At oct 2009, he has given two cheques, one for Rs.25000 and another Rs.50000. I have deposited Rs.25000 cheque to the bank, but bounced back because of signature error. After that I noticed that he has signed the pro-note and the cheque in same way. If the signature in cheque is in error, then the signature in pro-note is also a wrong one.
Now we have the fear that he might cheat us not giving the remaining principal amount, because he has wrongly signed in the pro-note and cheques. Also, he has shifted his house, and we don't have his new address. Also, he is not taking the phone calls from us.
Now I have the following questions...
1. The pro-note has one witness from the neighbour, and it is not registered anywhere, and no attorney has attested it. Please tell me if this pro-note is legally considerable or not? The witness will support me for any legal activities.
2. Also, The cheques are bounced back, not because of insufficient funds, but because of signature error. Is this considerable for punishment under cheque dishonour?
3. I want to file two suit, one for not paying the principal debt, other for the cheque dishonour.
4. I want to know what are the ways to legally recover my principal amount.
5. Should I file a criminal suit or civil suit or both against him...also I heard that civil suit will take sometime to come before hearing...also what is the litigation charges i have to bear.......
Please help me.....
Guest
(Expert) 30 January 2010
For more information and help visit www.airyourlegalqueries.com
kranthi kiran
(Expert) 30 January 2010
File suit for recovery of money based on the cheques and pronote. Before that got issue a legal notice to raj so as to find out his intention.Burden lies on the Raj to prove that the writing/signature on the cheque/pronote does not belong to him.
If you file 138 N.I Act case, there is a least possibility of winning the same, as the cheque (with different signature) does not come under a valid negotiable instument under the banking act.
File a criminal complaint with the police,as the raj has signed diferrently to deprive you from recovering the amount.
Guest
(Expert) 30 January 2010
For more information and help visit www.airyourlegalqueries.com
B K Raghavendra Rao
(Expert) 30 January 2010
File a police complaint for cheating as he has issued a cheque fraudulently. File a money recovery suit. Whatever be the delay in litigation, it is worth. Court fee would depend upon the amount you are claiming (principle plus interest due)and the court fee slab prevalent in your state.
