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Arun More (Junior-Officer)     21 June 2011

Actions against bounced cheque

Dear All,

My friends monther had asked 45000 rs from me for her daughter's (my friend) eye operation and i gave her the money without any gurantee or paper work.

Now, she is not returnning me my money. What should i do???

Thanks in advance

Arun More

9769577728



 12 Replies

Ranjeet Singh 9654630139 (Practicing Advocate)     21 June 2011

file a recovery suit  and contace an advocate

Arun More (Junior-Officer)     21 June 2011

Dear Sir,

i do not have any proof

Ashok Yadav (Lawyer)     21 June 2011

If you do not have any proof to prove your version then you should forget the money. You can do nothing.

1 Like

Arun More (Junior-Officer)     21 June 2011

Dear Sir,

her daughter my friend is ready to give me a cheque of some amount and i am sure that the cheque is goigng to get bounced, now if that happens, what action i can take.

i am ready to forget my money, but i want to teach her a lesson and i want to make her life hellllll.

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     21 June 2011

If there is no written agreement than you can lead oral evidence to proove your suit. Law doesnot require strictly that there should be written proof in casual transations. You can file money recovery suit and can proove it by reliable oral evidence. Law requires quality of evidence and that can be oral too.

Johndel Clay (Account Officer)     22 June 2011

Originally posted by :VIPIN SHARMA (Mob.-9610000043)
"
If there is no written agreement than you can lead oral evidence to proove your suit. Law doesnot require strictly that there should be written proof in casual transations. You can file money recovery suit and can proove it by reliable oral evidence. Law requires quality of evidence and that can be oral too.
 
"

I precisely agree with you. :)

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 June 2011

and thank in advance to every body for simple advice which are not workable in court of law.

Arun More (Junior-Officer)     22 June 2011

Dear "Your Advocate" Sir,

i did not get what you are trying to say and what do you mean by "simple advice which are not workable in court of law"

Ranjeet Singh 9654630139 (Practicing Advocate)     22 June 2011

if she is giving the chaque you must be take it if it is going to bounce you can make a complaint u/s 138 N I Act.

it is a strong prove for you.

Amit Parmar (Junior Lawyer)     22 June 2011

Mr. Arun

          U should know that a person who has borrowed money from u will have to give her own cheque or you have to make this transaction jointly  (While loading complaint U/S 138 of the NIAct) including Your friend and her mother. Other wise they can get the benifit as your friend has not borrowed any money  from you directly.

Raghav Sood (Lawyer)     04 July 2011

need to littlke suppliment, well with cheque in your hand go with complaint US 138 N.I Act as advised by reverned members and their is no need to implead other person who is not signatory of cheque all you have to prove (a little) you have the money to lend i.e. bank account statment of other source. the provisions of section 139 N.I Act will do the rest.   

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     18 August 2011

First take the cheque let it bounce than all other advice will work.


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