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Raghavender (Properiter)     25 March 2014

Cheque bounce

Dear sir

 I have given a hand loan to my friend with keeping his cheques as security now the person is not giving money and making all false promises to me.Now I want to go against him legally,my questions are

1) If I bounced the cheques of the person and he didn't have the money ?

2) He is the only son to his father and he has a sister who is already married. Can I attach his father property .?

pls reply 



 5 Replies

Gagandeep Goel (Advocate)     26 March 2014

Primarily you need to prove that u ever advanced a loan to your friend. further u can not in any case get the property of the father attached till the time he is not a surety to the said transaction.

 

Gagandeep Goel

Advocate 

Punjab and haryana High Court

Chandigarh

09887 220 6969, goel1119@yahoo.com

Venkatesh Mannem (Legal consultant)     26 March 2014

While agreeing with Sh Gagandeep Goel, I would like to suggest you to please ensure that the cheques obtained from your friend are duly signed by him and are of CTS 2010 pattern.

 

M Venkatesh

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 March 2014

no you can not attached his father's property. but he can be prosecuted under section 138 of NI Act

T. Kalaiselvan, Advocate (Advocate)     27 March 2014

You can file a case u/s 138 of NI act  for punishing him but for recovery of loan amount you may have to file a money suit in a civil court of law.  His father's property cannot be attached without his father standing as guarantor for his son's loan.

Utsav Sabharwal (NA)     01 April 2014

Don't worry about cheque getting bounced. Just submit the cheques to the bank and if they get bounced then send him a legal notice u/s. 138 (b) of the Negotiable Instruments Act, 1881 in which state a genuine amount of time to pay the amount promised on cheques. If he fails to do so, take the copy of the notice, original cheque and original memo of failure received by bank to your lawyer to file a case against him u/s 138 of NIA.

 


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