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manjunath (officer)     13 January 2015

Chequ bounce case

Dear Experts,

 

Please advise me I have paid to my friend Rs.900000/- as loan without interest Rs.424000/- account transfer and balance is in the form of cash which I don’t have any proof he has given a cheque for the security purpose know he didn’t paid the money so I have put the cheque in the bank and its bounced Let me know what should I do and how to recover the same.

 

Ravi Kumar Yadav



Learning

 9 Replies

Adv. Gurchal (Practicing Advocate)     13 January 2015

Engage a lawyer issue a legal Notice for Dishonor of cheque.

If no reply from him, file a criminal case against him, and approach to special recovery tribunal for your amount

What is your Location?

1 Like

manjunath (officer)     13 January 2015

Thank you Sir Location is Bangalore but if that person says i have not taken money i cannot prove the cash portion is that necessary to prove that he has taken the cash

Rahul Kapoor (Legal Enthusiast)     14 January 2015

Hello,

Issue a legal notice to the other party within  30 days from the day u got the memo from the bank.

if he do not make good of your loss after notice then you can file a criminal case under section 138 of NI act in the court having jurisdiction over the drawer bank.

1 Like

Adv Shrikiran.B (Advocate)     17 January 2015

Hello Manjunath,

Present the cheque to the bank one more time and see if it is honored. If not, you have to issue a Legal Notice with the help of a lawyer within 30 days from the time you get intimation of the bouncing of the cheque from the bank asking for a reply to your notice within 15 days. If you did not get any reply to the notice sent by your lawyer even after 15 days, you can file a cheque bounce case under Sec 138 of NI Act against your friend.

All the best!

1 Like

Mukut Das (none)     17 January 2015

I had lent an amount of 50 k to an acquaintance by cheque .He gave me a post dated cheque of the same amount as repayment of loan, payable  after six months. and the validity is nearing its end. I know his bank balance is nil. So I asked him to issue a fresh cheque to buy more time. But he has become elusive and avoids meeting me. I am planning to take action under  NI act. My questions are :

1. That I paid him an amount of Rs. 50000/-  by cheque is  a proof of legally enforceable debt. ?

2. I suspect he may change his residence to avoid receiving my notice. How can I ensure delivery of registered  notice?

3. Can a third person receive such notice on behalf of the acquaintance  and the same be considered as the notice having been served provided the third person adduce evidence in court of having delivered the registered notice to the said acquaintance  

 

M

Adv Shrikiran.B (Advocate)     20 January 2015

Hi Mukut,

My answers to your questions are:

1.  Yes. the cheque through which you paid the money is a valid proof for a legally enforceable debt. However, you may need to back up your claim for the money and provide ample evidence (viz hand loan) to the court to show that you gave the money to your acquaintance for some purpose and the acquaintance accepted the same. Without this how can you prove that your claim is a bonafide one and against this particular acquaintance?

2. As soon as the notice is sent to the address of the acquaintance, it is to be considered as duly served and keep the acknowledgement of the notice served with you for the purpose of showing it to the court.

3. Yes. even if a third person receives such notice on behalf of the acquaintance, the same is considered as the notice having been served provided the third person adduce evidence in court of having delivered the registered notice to the said acquaintance.

B.Srikiran Advocate

9618069453

 

 

 

 

 

 

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     20 January 2015

First of all please find out whether the person is solvent that is his financial position is proper to pay your does . Or he has any property or income sources.If not all your efforts will be futile.

 

If he is capable than service of notice, filing of case and service of court summons is normal task which can be arranged legally and properly.

1 Like

(Guest)

Well advised.

manjunath (officer)     24 March 2015

Dear Legal Experts

My friend suppose to pay me 9 Lakhs but He did not paid in time and also he said that you take a loan will give the interest along with the principle amount I have paid the interest on behalf of him hence 15 lakhs cheques I was deposited and it’s got bounced.

He was purchasing the site for his wife hence he approached me for a hand loan I have his site sale deed copy with me. Whether this documents are sufficient to prove.

I have deposited the Cheques in the bank Its returned by Insufficient funds within 30 days I have a sent legall notice he replied that I have not issued any cheques to you I have never lent from you I have no legally debt payable to you, you are utter stranger to me.

Please help me what should I take a next step


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