Friendly loan


Hi, i am living in Delhi. I have given a friendly loan to my friend for Rs. 6 lakhs. I have also taken cheques from him. Now he is not returning money and told that if i file a case against him, i cannot win because i dont have a license to lend money. Pls help
 
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LEGAL

just issue the legal notice and file the complaint u/s138 NIA

 
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Lodge criminal cheque bounce case against him and teach him lesson..giving hand loan to friends or relatives doesnot apply money lending licence.
 
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Dy Director

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.

Such loan is taken by a person:-

(i)    Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

(ii)    who cannot raise bank loan because :-
 
Either
he himself is not creditworthy

Or
 the purpose for which he seeks loan is illegal

or
the purpose for which he seeks loan is not at all commercially viable.

(iii)     Who knows he can afford not to refund.
(iv)    Who trusts his thick skin
(v)    Who intends not to refund
(vi)    Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

Such loans are given by the persons :-

(i)    Who has surplus money.
(ii)    Who displays and boasts of such surplus money.
(iii)    Who stupidly believe that there will be a refund.
(iv)    Fails to realise as to why he alone (not bank) is being contacted for loan.
(v)    Who has extreme trust on the debtor
(vi)    who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

(i)    Without documentation.
(ii)    Without witness
(iii)    Without guarantor.
(iv)    During cordial relations

Soon after giving such loan :-

(a)    Relations are no more remain cordial
(b)    Business started by such money  (easy money belonging to other) invariably fails.
(c)    Such loans always sink and not refunded.
(d)    Person seeking such refund suffers at legal process.
(e)    Person seeking such refund legally or by persualtion is socially criticised.

 

 


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Dy Director

please meet a lwyer with available papers/recordings, if any

 

you have to prove that you are not merely

"holder' of cheque

rather you are "holder in due course"

 

you have to prove that the bouced cheque was actually for repayment of loan.  Unless you are able to prove that the person actually owed you money the said cheque cannot be of any help to you.

 
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You need to file cheque bounce case against him. Before doing so, it is advisable to send a legal notice, many time people return the amount after getting legal notice.
You can contact me if you need any guidance for the same.

Regards
satyammishra181@gmail.com
 
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